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Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
....amined himself before the Enquiry Committee and called no other witnesses. The Labour Court considered the evidence along with the enquiry report. It appears, from the enquiry report that the relevant papers of the office were placed before the Committee and therefore there were materi......mself before the Enquiry Committee and called no other witnesses. The Labour Court considered the evidence along with the enquiry report. It appears, from the enquiry report that the relevant papers of the office were placed before the Committee and therefore there were materials befor......in J D.C. Bhattacharya J Fazal Munim J Bikash Ranjan Das…………............ Petitioner. Vs. The Chairman, Second Labour Court, Dacca and others..............Respondents Judgment June 14, 1977. Lawyers Involved......c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 151
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ......h Court. It is now well-settled that an appealable order must be a reasoned order, and based on some evidence or material taken or affidavit or on examination of witnesses and or production of papers. We have already held that the Administrator's order under sub-section (1) of section 32, is......zle Munim J Md. Shaukat Ali Mia………………………………….. Appellant. Vs. Administrator of Wakfs and others ……….....Respondent. Judgment May 31, 1977. ......r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ..Category: Property Law | Date: | Hits: 43
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... Government, whether the appellant temporarily ceased to be a Government servant for the period of his deputation. A large number of cases were reviewed by the High Court, but none of them is relevant to the point as none of them relates to the deputationary capacity of a Government se...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ...... Ed. ...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....uit are as follows B. C. Aga & Co. (hereinafter called the respondent) while carrying on business under the name and style L. D. Seymore & Co. (Pak) Ltd. was requested by the appellant who was at the relevant time carrying on business under the name and style Rahim Afroze & Co. to import two consign......appoint an umpire to arbitrate on the dispute vide ext. 53. It appears that after the appointment of the arbitrators by the parties, the arbitrators entered upon the reference to examine the relevant papers but ultimately thus failed to agree between them and in the event of their of their disagreem......e Division (Civil) Present: A.M. Sayem CJ Muhammad Abdullah Jabir J Ahsanuddin Choudhury J Abdur Rahim Afroze.......................................Appellant Vs. B. C. Aga and Co. Ltd. and others…………………… Respondents Judgment February 18, 1975. L......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
.... interference………(7) The question of sentence is at the discretion of the convicting court and the court of first appeal. However, such discretion must be exercised judiciously taking all the relevant circumstances into consideration. The right sentence is to be determined by the nature of c......nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ...... Case is also Reported in: 29 DLR (SC) 211. ......nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... interest in the properties belonging to the company, such share-holders cannot be said to have their interests affected by the sale of the properties of the company within the meaning of the relevant Rule and has referred, in addition to the cases of Vaiydanatha Vs. Indian Bank Ltd. A......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......s. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....e Company paid regularly all the balance instalment1! of the premium of the lease, the name of the Company M/S. Abdul Tayab Jiwaji was replaced by the new name of the Respondent company in all the relevant offices of the Government, the Respondent paid the property tax, ground rent, betterm......s not disputed by the Government, rather it was admitted and material point for decision was whether the respondent-company was an unauthorised occupant. The learned Judges referred to a number of papers on record including the certificate of incorporation of the Company and the various correspo......d. Ed. ......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......nbsp; Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. Rahman Advocate, instructed by S.M. Huq, Advocate on Record—For the Appellants. Khandkar Mahbubuddin Ahmed with S.A. Latif, Advocate—For the Respondents. K.A, Bakar, ......ng to the summoning, attendance and examination of witnesses, and to the; remuneration of and penalties to be imposed upon witnesses, shall apply to persons-required to give evidence or to produce documents under this Order whether the commission in execution of which they are so required has be..Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....y permissible to have recourse to it as an aid to COM truing the enacting provisions. The preamble is not however of the same weight as an aid to construction of a section the Act, as are other relevant enacted words to be found elsewhere in the Act even in related Acts. There may be exact c......nbsp; ......J D. C. Bhattacharya J Fazle Munim J Nurun Nabi Mondal and others………………………..Appellants ......nbsp; ..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....ears that both the points are interrelated and interdependent upon each other, and it is appropriate that they are dealt with together and not separately. 3. To appreciate the points some of the relevant provisions of the Act may be set out for discussion. The specific rule making power is to b......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......e matter, we make no order as to costs. Ed. ......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....of the appellant as Chairman of the Union Parishad void at the instance of Respondent No. 1, who was a contestant for the office of the Vice-Chairman of the said Parishad. 2. The facts relevant for the purpose of this appeal may be stated in brief as follows: On 29.3 74 Nurul......pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ...... Supreme Court Appellate Division (Civil) Present: Syed A. B. Mahmud Hussain CJ Abul Hayat Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Abul Haya......pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....rived at between the Company employer and the Respondent Union the representative of the members of the Union. 17. We may take note here of section 31(1) of the Labour Dispute Act, the relevant, provision of which is to the following effect: ''No dispute shall be d......eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ......stances of the case there shall be no order as to costs. Ed. ......erks arid their seniority would be determined in the latter category for the purpose of retrenchment beyond requirement in that category. The learned Judges based their decision on a number of documents. Particularly annexures J series to the writ petition of the Respondent Company, from whi..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....of the provisions of the Requisition of Property Act, and this consideration will govern the interpretation of the corresponding provisions of the Town Improvement Act. 10. Some of the relevant provisions of the Requisition of Property Act, may be mentioned to appreciate the ques......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ...... Ahsan-uddin Choudhury J Kemaluddin Hossain J Fazle Munim J Bangladesh.....................................................Appellant. Vs. Abdul Khaleque and ors.................................. Respondents. (In C. A. Nos. 1 and 2 of 1975). ......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....are of section 6 of the General Clauses Act. It was therefore urged to look to the consequences of repeal of P.O. 50 upon the proceedings pending investigation thereunder with reference to the relevant provisions of section 6 of the General Clauses Act. Before doing so we think it will......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......t 26, 1976. Cases Referred to — Solicitor vs. A.T. Mridha, 26 DLR (SC) 173 (dissented from by the present Supreme Court judgment): Tozammel Hossain vs. State, (1975) 27 DLR 36 and A.T. Mashood vs. State, (1975) 27 DLR 93 (stand over-ruled) Shaymal Chandra vs. State, Cr.M.C. ......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....Urban Immoveable Property Tax Act being clear and unambiguous the "reference to the title or preamble of the Act for interpreting the said provision in the instant case is wholly irrelevant. Learned Additional Attorney-General has further submitted that whatever defect ......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......p;Appellant (In Appeal No. 6 of 1972). M/s Carpet Allied Products Ltd………………. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgment May 7, 1976.......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....ring which the law required to be afforded was held to be anything but null and void." 42. Lord Morris and Lord Guest how dissented from the majority view proceeded mainly on the basis that the relevant statute having referred to the appointment of a teacher being during the pleasure of the ap......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ...... Case is also Reported in: 29 DLR (SC) 41. ......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....wo the general Law provided in Land Acquisition Act will apply to supplement the first. 13. To proceed, we find that s. 91A has, by necessary implication provided for the application of the relevant provisions of the Court under the Land Acquisition Act. Provision of the Land Acquis......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ...... Ahsanuddin Chowdhury J Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Re......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......Ahsanuddin Chowdhury J Fazle Munim J Fazle Munim J Abul Layes.......................................... Appellant Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed and others. ………..Respondents Judgment August 18, 1976 Lawyers Involved: Abdul Mal....... 43, Panch Bhai Ghat Lane within Police Station Sutrapur, Dacca originally belonged to one Upendra Kumar Roy and his co-sharers from whom the appellant acquired 16 annas interest on the basis of two documents namely, a deed of lease dated 8. 8. 1956 and a deed of sale of rent receiving interest dat..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... in course of their collaboration and in furtherance of their common intention committed murder of Md. Yusuf Ali. Accordingly, they were charged under section 302/34, Penal Code read with the relevant provisions of President's Order No. 8 of 1972. There was no accusation or charge against t...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......ppeal is, accordingly, disposed of. Ed. ...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....tract the Bank cannot be injuncted. 8. It may be mentioned that Mr. Rokanuddin Mahmud, the learned Advocate appearing for the appellants, cited certain decisions which are not relevant for our purpose in disposing the injunction matter. Before parting with this case it may b......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ...... Latifur Rahman CJ Mainur Reza Chowdhury J Md. Golam Rabbani J Md. Ruhul Amin J Ziauddin Ahmed and others..............Appellants Vs. Arab Bangladesh Ban......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ..Category: Civil Law | Date: | Hits: 112
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