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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 ...... Judges would be violated if any order of attachment is passed immediately after drawing up the preliminary order. This anxiety has led to the Interpretation of the proviso. The Supreme Court of Pakistan in 17 DLR (SC), 392 explained tie effect of proviso by saying :- “A proviso, as ......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 ..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. ...... Judges would be violated if any order of attachment is passed immediately after drawing up the preliminary order. This anxiety has led to the Interpretation of the proviso. The Supreme Court of Pakistan in 17 DLR (SC), 392 explained tie effect of proviso by saying :- “A proviso, as ......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. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....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. ......ncy in favor of Jasmat Sardar the C.S. record must be held to have been wrongly prepared. 8. The case of Kumir Mondal and ors Vs. Pramatha Nath Chowdhury and ors (1962) 14 DLR 801 went up to the Pakistan Supreme Court and the decision is reported in 17 DLR (SC) at 392. After referring to the hi......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
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. ......ff Regulations, is legal and valid.” 2. Appellant Abdul Hannan Sikdar was appointed on April 10, 1957 as a Coin/Note Examiner in Grade-II at the Dacca Office of the erstwhile State Bank of Pakistan on a temporary basis. He was given the benefit of confirmation in the said post on October ......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. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
....this country. The Resolution proposed for establishing a Policy Board to be headed by the Minister-in-Charge of the Scientific and Technological Research Division, consisting of a Chairman, and a few members to be appointed by the Government. This Board as its name implies is responsible for all pol......cipline) Rules, 1960 which have now been repeated and re-enacted by the Government Servants (Discipline and Appeal) Rules, 1976. The Resolution further provides that the assets and liabilities of the Pakistan Council of Scientific and Industrial Research established by the Government of Pakistan by ......, 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
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Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)
....impugned order. 3. The petitioner, Project-in-charge of the establishment has challenged this order of the Labour Court before us contending that the order is void ab initio since one of the two members of the Labour Court was absent from all the proceedings before that Court and that the Labou......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. ......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. ..Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....ff in an action in respect of a wrong alleged to be done to a Company is prima facie a Company and whether the alleged wrong is a transaction which may be binding on the Company by simple majority of members no individual member can bring an action in that respect. The ratio as it appears from the r......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 ......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 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... 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 ......e declared to have been passed without lawful authority and was of no legal effect. 2. The petitioner's case, in brief, is that he was appointed on July 20, 1963 as Assistant Engineer in the then Pakistan Eastern Railway on a temporary basis. Later, his appointment was regularised by an order da...... 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 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....e rule, has assailed the impugned orders of both the courts below on the ground that after respondent No. 2 was released from his duties he ceased to be an employee of this establishment as well as a member of the Workers' Union and as such he got no locus-standi to raise an industrial dispute f......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.
..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....under section 87 of the Act. 2. Facts of the case briefly stated are that the petitioner, M/S Progoti Khudra Babashayee Samabaya Samity Limited, a registered Co-operative Society and a member of respondent No. 2, Brahmanbaria Thana Central Co-operative Association Ltd. which is Respon......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 ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....of decisions, particularly, a decision of the Judicial Committee of the Privy Council in the case of The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121. In that case a member of the Indian Civil Service, I. M. Lal, was removed from service on a proved charge of nepoti......is made absolute. Cases Referred To- The-High Commissioner for 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: Sera......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. ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....of decisions, particularly, a decision of the Judicial Committee of the Privy Council in the case of The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121. In that case a member of the Indian Civil Service, I. M. Lal, was removed from service on a proved charge of nepoti......t February 1, 1978. Result: The rule is made absolute. 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: Sera......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. ..Category: Administrative Law | Date: 1 Feb, 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. ......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 Eastern Railways Vs. Matiur Rahman and others (1968) 20 DLR 318; Pakistan Vs. Amin Jute Mil....... 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
....against a substantive post. In 1964, there was a police verification of his antecedents and he learnt from his cousin and next door neighbour Md. Alimuddin that his cousin along with Md. Akkel Ali, a member of Union Council went to the Police Station and supplied necessary formation as to the plaint......d (1964) 16 DLR (SC) 722; Bangladesh Small Industries Corp. 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, Nur......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.
..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....documents, that certain other lands standing in the name of Chittotosh Bardhan were debutter properties dedicated for the worship of the ancestral family deity of the appellant, who, being the eldest member of the family, had been managing the said debutter properties for the Sheba Puja of the deity......ivisional 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 Khatun Vs. Secretary, Revenue D......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.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... 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 ......bsp;141.” 11. In an unreported case of Mohammad Ali Vs. Dr. M. Abdul Gaffur and others in Civil Revision Case No. 652/67. Abdulla, J. in a proceeding under section 96 of the East Pakistan State Acquisition and Tenancy Act relying upon the above 22 Indian Appeal, 44 has held: ...... 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 ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....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. ......at Strand Road, Chittagong, and a place of business at 32, Bangabandhu Avenue, Dacca-2. The petitioner took over the business and market assets of Burmah Shell Oil Storage and Distributing Company of Pakistan Limited in the then East Pakistan (hereinafter referred to as "Burmah Shell"), in......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
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
.... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ......6 DLRr 10; R. Johnstone Vs. Archibald Law Report (AC) Vol. 7 Pak. 219; Full Wood Vs. Chancery Div. Vol. IX, 176; M/s. Pharmapak Vs. Dy. Registrar 19 DLR 388; Singer Co. Vs. Ahmed Ali 21 DLR 415; Pakistan Medical Supplies Vs. Farben 21 DLR 945; Mohanlal Harprassad Vs. Firm Lai Mohan AIR (19...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......sidered similar question in the cases of Manindra Chandra Dey and others Vs. Govinda Prasad (1951) 3 DLR 313 and Sheikh Ayezuddin Vs. Priya Shankar Chowdhury (1954) 6 DLR 505 and the Supreme Court of Pakistan considered this question in Shah Wali Vs. Ghulam Din @ Gamon and Muhammad Din (1967) 1......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....od and made all preparation for leaving the country in order to join his family in London and in that connection he sought the plaintiff's help. The plaintiff, an advocate of the High Court and a member of the Bangladesh Jatiya Leagaue, promised all necessary help and contacted different persons......al days and perused the case record including the depositions of the witnesses and the documents proved in this. There is no dispute that the suit land belonged to the Ministry of Defense of the then Pakistan. It comprises two plots, commercial plots Nos. 1 and 2 in the Old Cantonment area at Chitta......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
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