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R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....of certain recommendations of the Commission (1). Notwithstanding anything contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969.) or in any other law or any rule, regulation, bye-law, agreement, award, settlement, custom, usage or terms and conditions of services for the time being i...... Vs. Din Mohammad & others.....................Respondents Judgment July 5, 1978. Result: Both the rules are made absolute. Lawyers Involved: K.A. Bakr, Attorney-General—For the Petitioner. Zamiruddin Sarker and Mozammel Hoque—For th......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
.... and that where it is on record that Jasmat Sardar gave kabuliyat to the landlords as a borgadar before the preparation of the C.S. record and there is no other evidence that there had been any other agreement creating a tenancy in favor of Jasmat Sardar the C.S. record must be held to have been wro......last C.S. operation Jasmat Sardar was possessing the suit land as a bargadar under Girish Chandra and others, the plaintiffs' predecessors, on delivering half of the produce of the land from year to year; and that during Jasmat Sardar's life time the land was taken and given borga bandabosta......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....e parties concerned. Mr. Khaled, however, has placed before me a certified copy of Ext. B. 8. Proviso (2) to section 92 reads as follows: “The existence of any separate oral agreement as to any matter on which a document is silent and which is not inconsistent with its term......ting inter alia that as the meadi patta was a temporary lease for 20 years and not a mortgage the suit for redemption was not maintainable. It was further contended by them that plaintiff No.1 failed to give possession and the defendants neither possessed the land, from the date of meadi patta nor d......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. ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
..... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ...............Appellant Vs. Federation of Pakistan and others..............Respondent Judgment January 31, 1978. Result: These appeals are dismissed. Cases Referred to- The Union of India Vs West Punjab Factories Ltd, AIR 1966 (SC) as page 395; Pakistan Easter....... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....ons in London one to be appointed by each of the parties hereto and the third by two of them. Their decision or that of any two of them shall be final and for the purpose of enforcing any award, this agreement may be made a rule of the court. The arbitrators shall be commercial men.” 6. U....... Vs. Furness, (1895) 2 Queens Bench Division, 539 at 54; Satendra Nath Mitra Vs. Union of India, AIR 1962 Cal. page 177; Novelty Cinema Vs. Ferdous Films PLD 1958 Lahore 20; M/S. Haji Azam Vs. Singleton Binda & Co. Ltd. (1975) 27 DLR page 583. Lawyers Involved: Shahabuddin Ahmed with ......ading Corporation of India for export of salt, defendant No.7 entered into a mutually agreed arrangement with M/s. Sew Prasad Kalicharan (defendant No. 6) who held an allotment for export of salt, to sell the same to the plaintiff. As per arrangement between the parties concerned, defendant No. 6 ch..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
....y grant lease of, or let out, any such enemy property for a period not exceeding one year at a time.
(3) Notwithstanding anything contained in any other law for the time being in force or in any agreement, a person to whom any enemy property is leased or let out under sub paragraph (2) shall no......ts
Vs.
The Sub-Divisional Officer, Brahmanbaria and another...............Respondents
Judgment
November 29, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Province of East Pakistan Vs. Syed Hatem Ali and others (1968) 20 DLR (SC) 129; Sufia Khatu......dian in whom an enemy property vested had the authority to take only such steps as he considered necessary or expedient for preserving the property. That is to say, the Custodian had the authority to sell, mortgage, lease or otherwise dispose of the property or part thereof if such sale, mortgage, l..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....ng" occurs in the definition of "holding" as defined under section 2(1) of the Urban Immoveable Property Tax Act, 1957. "Holding" means land held under one title or agreement and surrounded by one set of boundaries together with building thereon. The expression &qu......matter of: Notice being process No.3823 dated 18.5.73 issued by the Assessing Officer, Narayanganj Range, Narayanganj demanding payment of purported Urban Immoveable Property Taxfor the years 1957-58 to 1972-73. Judgment Ruhul Islam CJ.—This Rule Nisi was issued calling upon the resp......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. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
.... a period of 30 years on a consideration of Rs. 93,000/ out of which an amount of Rs. 23,250/- was paid on that day. But as defendant No.1 could not pay the balance of Rs.69, 750/- he entered into an agreement with defendant No. 4 for sub-letting the land. According to the Agreement between them mad...... Appeal from original decree Nos. 16 and 17 of 1977, with Civil Rules 1039(f) and 1040(f)of 1976. Judgment Shahabuddin Ahmed J.— These two appeals and these two rules have been heard together as they arise from the same judgment and decree being judgment and decree dated 12.6.76 of ....... 1) of this development., Defendant No.1 then executed a General Power of Attorney dated 30.9.72 in favor of the plaintiff authorising him thereby to do all acts for protecting, and if necessary for selling his properties including the suit land. The plaintiff met the concerned authorities of the D..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....llment within the time specified in rule 49 or charged octroi at a higher rate than specified in the schedule or commits any breach of the provisions of these rules or any terms and conditions of the agreement which may be entered into by him with the pourashava in regard to lease of octroi, the pou......que—For Respondent No. 2 and 3. Kamahiddin Ahmed—For Respondent 1. Writ Petition No. 551 of 1976. Judgment Badrul Haider Chowdhury J. — This rule is directed as to show cause why the notice dated 16-8-76 issued by the respondent No.1 (Annexure A) should not be ......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
....ing activities could be covered by the provisions of rule 32, it seems that the detaining authority has not properly applied its mind to the facts of the case.”
With respect we are in full agreement with this judgment but this decision has no manner of application in the context of the co......use the detenu has been mentioned as a veteran smuggler and his name is mentioned in the list of smugglers which was prepared by the Anti-Smuggling Committee of the Government of Bangladesh. In order to prevent him prejudicing the maintenance of supply and services essential to the life of the commu......beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....tue of his purchase for a consideration of Rs. 50/- from Aftabuddin Sarkar, the original holder of the jote, who was a settled raiyat of the village, but no rent appears to have been fixed because an agreement with the landlord as to the amount of rent was not perhaps concluded by that time. The nam......lip;…Appellants Vs. Zahiruddin Kari and others..........................Respondents Judgment August 3, 1977. Result: This appeal is allowed. Cases Referred to- Dakas Khan Vs. Ghulam Khan Qasim I.L.R. 45 Cal 793 28 C L.J. 441 Lawyers Involved: ......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....and in this case was acquired under the T.I. Act which also provides for payment of compensation thereof. Section 93A of this Act provides that if the amount of compensation is not fixed by agreement, the Deputy Commissioner shall assess it. But if the compensation assessed by him is not a......l from Original Decree No. 262 of 1969. Judgment Shahabuddin Ahmed J.—This appeal is directed against an award dated 30. 11. 68 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Improvement Ac...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....een accepted in these cases that if there has been a discharge after hearing of evidence, there should not be a second prosecution and that is substantially the basis of this judgement. We are in agreement with the learned Judges on the question as to whether a second prosecution will be with......hman…………............Appellant Vs. The State................... Respondent Judgment July 13, 1977. Result: The appeal is dismissed. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala, 14 DLR (S.C.) 96; PLD 1962 (S.C.) 242; Ahwad Hossa......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
.... by the Chairman of the Labor Court at Khulna, in IRO Case No.395 issuing temporary injunction restraining the petitioner from stopping payment of the bona fide granted to the workers on the basis of agreement dated 25-7-77 and for such or further order or orders as to this Court may seem fit and pr......ury J.—This rule is directed against an order dated 16-8-73 passed by the Chairman of the Labor Court at Khulna, in IRO Case No.395 issuing temporary injunction restraining the petitioner from stopping payment of the bona fide granted to the workers on the basis of agreement dated 25-7-77 and ......ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
.... held that the Word "and" after the clause "such goods shall be liable to confiscation" has to be read in disjunctive sense and not conjunctively.” We are in respectful agreement with the observation of their Lordships of the Pakistan Supreme Court and find that the su......77. Result: The Rule is discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesford; Novel Vs. London Express Newspaper Ltd., 1919 Appeal Cases 3......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....nst him, the right to speak in -his own defense is all the more reason why Government was to be thoughtful, considerate and kind' and should give them the maximum help. If we may say so we are in agreement with the aforesaid observation of Bose, J, because these detenus are being detained under ...... Karim,(1967)19 DLR (SC) 403; Liversidge Vs. Anderson; Government of West Pakistan Vs. Begum A. Karim, (1969) 21 D.L.R. (S.C.) page 1; Vimblabai Desphande (A.I.R. 1946 P. C. 123);Nakhuda Ali Vs. Jayanton (1951 A.C. 66);Overseas of Poor Vs. London Northwestern Railway; Saleha Begum Vs. Government of ......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....mises on the ground that they required the premises for bona fide use and occupation and that the appellant was a habitual defaulter. The determination of the points involved the consideration of the agreement between the parties dated May 1, 1973 which showed that the appellant took the premises at...... Mohd. Hassan and others…………………….Respondent Judgment June 21, 1977. Result: The appeal is allowed. Cases Referred to- Jaffar Meher Ali Vs. Budge Jute Mills Co., ILR 33 Calcutta 702; ILR 34 Cal. 289; Chandra Sr......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....nder the impugned order or Notification is a right of the workers who may be aggrieved persons. He has pointed out that for enforcement of any right guaranteed or secured to a worker under any law or agreement specific remedy has been provided under section 34 of the Industrial Relations O......ursuance of the Government Notification No. NID 37/73/958 dated 19-12-73 fixing wages and fringe benefits of workers of the said Shipyard which is a state owned manufacturing industry managed by a Sector Corporation established under the P.O. 27/72. The rule has been issued on an application filed b......sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
.... tackle" cannot be construed as exempting the respondents from their liability until the goods in question were delivered to the Jetty authority for the appellants. 23. We express agreement with the views of the Supreme Court of Pakistan in the case cited above as to the effect o......ellip;.Appellant Vs. M/s. East and West Steamship Co. and another…......Respondents Judgment June 9, 1977. Result: The appeal is allowed. Cases Referred to- Adam Limited Vs. East West Steamship Company, PLD 1962 Karachi 715; East and West Steamship......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....cerned, and he was henceforth functus officio, To hold otherwise would amount to granting him a power of review which power he does not possess under the Criminal Procedure Code. We are in respectful agreement with the aforesaid principles of law laid down by their Lordships. In the facts and circum......llip;..Petitioners Vs. M. Baharuddin Chowdhury and the State.............Opposite Parties Judgment March 9, 1977. Result: The rule is made absolute. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another (1962) 14 DLR (SC) 96 Lawyers Invol......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
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