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Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......porary injunction. The trial court granted the temporary injunction, and the first appellate court affirmed the order. On revision by the Corporation, a Bench of the Dacca High Court, reversed the decisions of the courts below and thereby rejected the prayer for temporary injunction. 2.&n..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
.... Council 1951 (2) All. E.R. 587, which dealt with the cases of a statutory tenant whose rented premises were destroyed by enemy action. These cases which were decided on the basis of certain specific legislative enactments as are in force in England have no manner of application to the instant case.......atter of the tenancy was not destroyed nor did the possession of the tenant in respect of the decretal premises automatically come to an end with such destruction. 8. Learned Counsel has cited a decision of the Dacca High Court in the case of Golamar Rahman Sowdagar Vs. Sm. Emartannissa Begum, ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ...... there was no forfeiture of the property she inherited from her husband on account of remarriage. 4. It was argued at the trial Court on behalf of the defendants, relying upon a Full Bench decision of the Allahabad High Court in the case of Bhola Umar vs. Mst. Kausilla. A.I.R. 1933 All 6..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....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. ......1898 AC 720 (P. C.). The Central Bank of India Vs. Their Workmen, A.I.R. I960 (S.C.) 12 The reasons given by the High Court Division though cannot be sustained, yet for the reasons set out above, the decision arrived at by giving must stand. The other grounds of challenged to the impugned amended ru..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....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. ......ed of and provided that sufficient opportunity is given to the successful candidates for the said offices for defending their election Mr. Khan has tried to distinguish the decision of the Appellate Division in the case of Syed Mofazzal Hossain on the ground that in the s..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....tain respects, for defining the law relating to registered trade unions and recognised trade unions and for matters connected therewith. From the said recital, it is clear that the legislative intent was that both recognised trade unions as well as registered trade unions which w......Respondent Company retrenched 149 of its clerks by serving notice of retrenchment to be effective from the 1st of December, 1966. Respondent No. 2, the Employees Union, being dissatisfied with this decision of the Company initiated conciliation proceedings but, the same having failed, instit..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....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. ......and the submission of his final report containing his recommendation. Sub-section (6), says that the Government after considering the report of the Deputy Commissioner, shall, make the decision about the acquisition of the requisitioned property, and the decision of the Government sh..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....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. ......eedings were not cases pending before any Special Magistrate or Special Tribunal as contemplated under section 36(2)(b) of the Act In support of his argument the learned counsel relied upon a decision of Appellate Division in the case of solicitor. Bangladesh Vs. A T. Mridha reported in 26 ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....ct applicable to Paschim Sholashahar. The learned counsel has contended that in order to understand the true meaning and real import of a particular expression occurring in a section of a legislative enactment it is necessary to read that section in the context of the whole enactment a......)." Section 8 of the Amending Act contained a validation provision which was to the following effect: "Notwithstanding any judgment and decree, order or decisions of any court, including the High Court, to the contrary, anything done, action take..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ......ying the Noapara hat. He, therefore, granted temporary injunction. 5. Two appeals were preferred one by Government and the other by the lessees. The court of appeal below concurred with the decision of the Munsif and dismissed the appeals. The Government and the lessees filed two revision..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....otably England, Sweden and India in varying degrees of accentuation and using different terminology have intended to achieve the welfare goal. Experiments in these countries and sturdy of their legislative attempts will be of great assistance for our courts to formulate principles of interpr...... Thereafter the respondent received an order of dismissal dated 31-5-73 from service of the Corporation with immediate effect. 3. It appears that the order of dismissal was passed pursuant to the decision of Board of Directors and in consideration of the recommendations of the First Screening ..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....in the Master and Servant rule and is entitled to a show cause notice before his dismissal, whether there is any statutory justice rule or not, and also because of the cumulative effect of diverse legislative enactments his service has a public character. The Respondent No. 1 is, therefore,......in revision and the learned Single Judge of the High Court Division discharged the Rule affirming the order of the learned Munsif. 4. The defendant-Bank obtained leave against the aforesaid decision. This appeal was ordered to be heard along with Civil Appeal No. 9 of 1965 as..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....he award is not appealable as provided in sub-section (6). This total lack of provision to govern the Court under the Land Acquisition Act in terms of s. 91 A, is a manifest indication of the legislative intent not to whittle down in any manner the power and jurisdiction of the said co......n to C.R No.670 of 1969 dated 30-1-69.) Judgment: Kemaluddin Hossain J: This appeal is by Special leave obtained by the Appellant against the decision of the High Court East Pakistan. Facts are that the land recorded in C.S. Plot Nos. 2..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. ......ent, and (b) may continue to deposit every subsequent amount of rent which becomes due in respect of such premises until such doubt has been removed or such dispute has been settled by the decision of any competent court or by settlement between the parties, within a fortnight of the da..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 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. ......idence of P. Ws. 1, 10, 12, 13, and 14 the Tribunal came to the finding that the two appellants abducted Yusuf in order that he might be murdered and that in fact Yusuf was murdered. Relying on the decision in the case of Akaluddin Vs. The State XV DLR Dacca, 466 the Tribunal convicted the appell..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......tive Tribunal Act the writ petition as filed is not n it has further been observed that in view of sub-Article (5) of Article 102 of the Constitution the application challenging the order or decision of the Administrative Tribunal is not maintainable as according to the High Court Division..Category: Administrative Law | Date: | Hits: 132
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ......f Uttara Residential Model Town to be without lawful authority. 6. It is now submitted before us that the learned Judges of the High Court Division fell into error in its decision in relying upon the preamble and section 2(f) i.e. definition of “Improvement Scheme..Category: Property Law | Date: | Hits: 56
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
.... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ......der XXI rule 32 Since an application under order XXI rule 32 of the Code of Civil Procedure for violation of a decree of permanent injunction is maintainable, the single bench decision holding that such an application is not maintainable have no force at all. &nb..Category: Property Law | Date: | Hits: 57
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ......e suit holding and, as such, the pre-emption case against him is not maintainable. 3. Trial Court allowed the case and on appeal the same was dismissed. High Court Division on decision made the Rule absolute. Being aggrieved by the same petitioners have filed this petition f..Category: Property Law | Date: | Hits: 65
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......account of death of one of the appellants during pendency of the appeal before pronouncement of the judgment of the appeal. The suit being one for declaration of title the revision arising from the decision of the appellate decree is required to be disposed of on merit………&hel..Category: Property Law | Date: | Hits: 46
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