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Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
.... was dismissed on contest on March 13, 1976. Since order of the Court was not being implemented. Contempt petition No. 4 of 1977 was filed against some of the officers of the Government, and Rule was issued on June 30, 1976. During the pendency of the said Rule, the Government filed the Re......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)
.... with S.A. Latif, Advocate—For the Respondents. K.A, Bakar, Attorney-General with A. Wadud Bhuiyan, Asstt, Attorney General, instructed by S.S. Hoda, Advocate on Record—U/O. XLV Rule 1 of S.C. (A.D.) Rules. Civil Appeal No. 1 of 1976. (From the Judgment and Orde......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. ..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....irst, submitted that the learned Judges of the High Court following Noman's case, 16 DLR 537, ought to have held, that the Corporation, a nationalised organisation, could not, without framing Rules, start any disciplinary proceeding against the officer. We reserve our opinion on the correct......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. ..Category: Procedural Law | Date: | Hits: 107
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....A. Aziz, Advocate-on-record—For Respondents Nos. 1-4 & 8. Ex-parte. — Respondents No. 5-7 and 9-13. B. N. Chowdhury, Advocate— U/O XLV, R. 1 of the Supreme Court Rules. Civil Appeal No. 6-D of 1971 (From the judgment and Decree dated 29-6-67 &am......wever, seems to have lost all its importance since, so far as the Indian jurisdiction is concerned, after the passing of the Hindu Code 1956 whereunder the widows have been given absolute right of inheritance in the properties of their husband. 36. The Dacca High Court..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....er as both facts and law are the same. The consideration is the vires of a Notification dated 19th December, 1974 issued by the Ministry of Finance (National Board of Revenue) amending rule 15 of the Rules framed under section 86(2) of the Bengal Excise Act, 1909 (Bengal Act IV of 1909). These Rules......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)
....the case by filing a joint written objection and their case, inter alia, was that the election petition as framed and filed by Respondent No. 1 was not maintainable, that the same was barred under Rules 56, 59, 63 and 61 of the Union Parishad & Paurashava (Election) Rules, 1973 and that the ......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)
....o in such manner as may be prescribed, and a copy thereof has be3a sent to the Director of Labour and to the Conciliation Officer concerned." A perusal of the Industrial Disputes Rules and different forms given in the Schedule thereto indicate that a registered Trade Union......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. ..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. ...... about the decision of .the Government to acquire the requisitioned property. On and from the beginning of the day on which the notice is published, the requisitioned property shall vest absolutely in the Government free from all encumbrances, and the period of requisition of such pro..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. ...... the plaintiff by a notice asked the defendants not to realise the market dues. The defendant having continued to realise the market dues a suit was filed praying for putting the plaintiff in absolute proprietary possession after dispossessing the defendants from certain sheds and pass..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....ll be determined 'in the prescribed manner', which means "according to rules framed by the Government under section 14 of the Act. Accordingly, the East Pakistan Urban Immoveable Property Tax Rules, 1957 was framed by the Government and Chapter II of the said Rules lays down procedure as to......ct of the first question that the provisions of the Urban Immoveable Property Tax Act as it appears from its very title as well as from the preamble are applicable only to urban properties and have absolutely no application to the properties in rural areas and that the properties of the app..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....untries and sturdy of their legislative attempts will be of great assistance for our courts to formulate principles of interpretation of legislation aiming to achieve a socialist economy within the Rule of Law. 11. Study of techniques adopted by the Government indicates that one of the methods......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
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....er, rejected the petition filed by the appellant. As against that the appellant moved the High Court Division 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 agains......sons set out in Civil Appeal No. 9 of 1975 and they need not be repeated here. With the modification set out above the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 70
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
....es under sections 395 and 397 B P. Code read with President's Order No. 50 of 1972 were also started against him and more than one detention orders under rule (5)(a)(1) of the Emergency Powers Rules were also served upon him. The Writ Bench of the High Court Division found that all the deten...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....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. ......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
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
.... Division in Writ Petition No. 6120 of 1997, A Division Bench of the High Court Division then after hearing the learned Advocates of both the sides by judgment dated 13th July, 1998 discharged the Rule holding that in view of Article 117 of the Constitution of the People’s’ Republic ......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. ..Category: Administrative Law | Date: | Hits: 132
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....min Choudhury J.- This petition for leave to appeal is against judgment and order dated 3 1-5-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 4197 of 1997 making the Rule absolute setting aside the judgment and decree passed by the learned Additional District Judge......houdhury J.- This petition for leave to appeal is against judgment and order dated 3 1-5-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 4197 of 1997 making the Rule absolute setting aside the judgment and decree passed by the learned Additional District Judge, 4th..Category: Property Law | Date: | Hits: 74
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....Respondents Judgment February 18, 2001. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, Rules 1 & 2 & Section 151 The Banking Companies Act, 1991 (XIV of 1991)......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
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....dversely affecting or diminishing light or air of the petitioner by creation of sub-plots and allotment of the same to others. Further, the allottees of the plots had not been impleaded in the two Rules and so those are bad for defect of parties…………(3) Lawyers......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ..Category: Constitutional Law | Date: | Hits: 138
Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
....angladesh, represented by the Secretary & other....... Respondents Judgment March 29, 2001. The Service Rules of Petro Bangla, Rule 9 The declaration does not put an embargo on the e......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ..Category: Employment/Service Law | Date: | Hits: 71
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
............... Respondent Judgment July 18, 2001. The Code of Civil Procedure 1908 (V of 1908), Order XXXIX, Rule 1 Whatever the High Court Division has observed will have no binding affe......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ..Category: Intellectual Property Law | Date: | Hits: 224