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Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

....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. ...... a suit for declara­tion of title and for recovery of possession of certain lands, brought by Respondent No.1, was decreed. 2. Respondent No.1 instituted the suit on the allegations that the disputed land originally belonged to one Aftabuddin Sarkar, who gave the land in usufructuary mortga..

Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113

Manager, Sonali Jute Mills Ltd Vs.Secretary, Sonali Jute Mills Workers Union, & others, 1977, 6 CLC (HCD)

....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. ...... been given by section 36 which is in the following terms:- “36 (1)................... (2) A Labor Court shall for the purpose of adjudicating and determining any industrial dispute, be deemed to be a civil Court and shall have the same powers as are vested in such Court un..

Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3

Habibullah Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra¬tion & Land Reforms, Bangladesh & others, 1977, 6 CLC (HCD)

....ed without any order as to costs and the order of stay is vacated. Abdul Matin Khan Chowdhury  J.-I agree, Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 47.   ......nemy property to Respondents Nos. 5 to 7 rejecting the claim of the petitioner who has been in possession of the land as the lessee continuously for 5 years from 1373 to 1378 B.S. 2. There is no dispute that the land in question was declared an enemy property under the Defense of Pakistan Rules..

Category: Property Law | Date: 10 Jun, 1977 | Hits: 2

Amin Jute Mills Ltd Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others, 1977, 6 CLC (HCD)

....bservations made above. There will be no order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in:  30 DLR (HCD) (1978) 341.   ......ties. The value of the property is as rule 8 of the War Risks Insurance Rules, 1965 shows, the actual Value minus usual depreciation. Some allowance has been permissible by way of depreciation, but a dispute has been raised as to the rate of depreciation. In the Ordinance or in the Rules framed ther..

Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3

Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another

....re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331.   ......e Court. (1) The Court shall subject to the provisions of this Act follow such procedure as may be prescribed. "(2) The Court shall for the purpose of adjudicating and determining any labor dispute and for the purpose of interpreting any award, decision or order, be deemed to be a Civil Co..

Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2

M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)

....rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in:    ......he High Court of Bangladesh, passed on appeal from an order of rejection of obligation filed by the judgment-debtor-appellant under section 47 of the Code of Civil Procedure. The Respondent upon a dispute arising from a contract to supply 1500 bales of jute obtained an award from the tribunal of..

Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320

Bang­ladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)

.... the firm on the retirement of 3 aforesaid part­ners and the said fact had already been notified in the newspapers. Nevertheless, in a meeting of the management Board held on 20th January, 1972 a resolution was adopted stating that the Board of Management on examination of the deeds of partnersh......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ..

Category: Others | Date: 27 Jan, 1977 | Hits: 217

M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)

....Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......jection under Article 98 of the Constitution of Pakistan, 1962 they were unable to get any relief as the question involved which related to the existence or non-existence of large scale farming was a disputed question of fact. Section 20(4) of the Act may here be quoted: "20. (4) Notwithst..

Category: Property Law | Date: 20 Jan, 1977 | Hits: 62

Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)

.... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......List of the Third Schedule to the Constitution of Pakistan, 1962 in respect of which the Central Legislature was empowered to tax, item 43 and item 49 are relevant for the purposes of determining the dispute before us, which are as follows: "43. Duties and taxes as follow: (a) duties ..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......ing circumstances. The Collector of Customs acting under an Act called Excise Tariff Act, 1902 required the appellant to pay certain amount towards excise duty on certain quantity of sugar, which was disputed by the company and after depositing the money under protest brought an action In the Suprem..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)

....al is dismissed, but having regard to the facts and circumstances of the case and the question involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ......akistan Employment of Labour (Standing Orders) Act, 1965 hereinafter called the "Standing Orders Act" offering him his legal dues. The employee instead of receiving his dues raised a labour dispute through the Union under East Pakistan Labour Dispute Act, 1965, hereinafter called the "..

Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137

Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)

....es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......im including Mr. Zainul Abedin Chowdhury, Administrative Officer, Divisional Com­missioner's Office, Chittagong and Mr. Alimullah Chowdhury, Member of the Provincial Assembly for deciding the dispute, and an undertaking was given that he would also abide by the decision given by any one of t..

Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352

Karnaphuli Rayon and Chemical Ltd. Vs. Collector of Central Excise & Land Customs, East Zone, Chitttagong & another, 1975, 4 CLC (AD)

.... constitution. In the result, there being no substance in the appeal it is dismissed without any order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 72. ......nsideration in this appeal is whether 'Dilphane' is covered by the word 'Cellophane' as mentioned in item' 35 of the First Schedule of the Act. If Dil­phane is in fact 'Cellophane' then it cannot be disputed that it is liable to duty. With a view to ascertain whether 'Dilphane' is nothing but 'Cell..

Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149

Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)

....nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561       ......l Powers Act does not specifically include cases like the proceeding in question, such proceedings have been saved and kept alive by section 6(e) of the General Clause Act, 1897. He did not dispute that the present proceeding on the date of the announcement of the Special Powers Act was no..

Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2

The College of Music Vs. Secy. Revenue Depart¬ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others, 1975, 4 CLC (HCD)

....s order. In the result the rule is discharged without any order as to cost. Shahabuddin Ahmed J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 487   ......Court on 11th January 1971 calling upon the respondents to show cause why the order dated 2-8-69 passed by the Secretary, Revenue Department, setting aside the order of requisition of the property in dispute dated 15-8-68 should not be declared to have been passed without lawful authority. The prope..

Category: Property Law | Date: 30 Jul, 1975 | Hits: 3

Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)

....or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed.   This Case is also Reported in: 27 DLR (HCD) (1975) 655.   ......done immediately after the delivery of the judgment. Mr. Moinul Huq has argued that the question of limitation, if any, could only be decided by the Division Bench considering the appeal. There is no dispute in that. But the question is, what is the duty of the Court when a leave application is pres..

Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2

Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)

....rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594    ......on under Rule 61-A and 61-B, yet the provisions of the Court to temporary injunctions are not applicable and that the Tribunal cannot make an order, which has not relation to the trial of an election dispute, ''Though the Election Tribunal has alt the powers of the Civil Court for the purpos..

Category: Election Law | Date: 7 Jul, 1975 | Hits: 3

Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)

....e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521       ......oid, the Election Tribunal committed an illegality and acted without jurisdiction. His point was very clear when he submitted that neither the election petition nor the evidence on records raised any dispute with regard to one ward but 3 other sub-centers. The dispute was confined only to the electi..

Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1

Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd Vs. Govt. of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....e interpretation of the Constitution. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 674         ...... their name, they have at least the right to maintain these petitions under Article 102 of the Constitution. He submitted that the petitioners have legal right in the subject- matter of the disputed so as to be able to maintain such petition. If they have succeeded to establish some right,..

Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3

Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)

....on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583   ......e of Bangladesh Pakistan authorities declared an unjust and treacherous war; and Whereas in the facts and circumstances of such treacherous conduct Banga Bandhu Sheikh Mujibur Rahman, the undisputed leader of 75 million people of Bangladesh, in due fulfillment of the legitimate right of se..

Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3