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M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)

...., under Building Division, Jessore (1), while in service under the Building Directorate of the Government of Bangladesh, was given the charge of supervising the work of construction of some Border outposts, and while he was serving in such capacity the petitioner received an order of suspension date......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ..

Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3

Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)

....de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......m J.-These three applications were heard analogously as common question of law is involved therein. In Writ Petition No. 201 of 1977 the petitioner was declared elected as Chairman of No 10 Umednagar Union Parishad under Police Station Baniachong, District Sylhet on 25th January, 1977 and if was dul......hese three applications were heard analogously as common question of law is involved therein. In Writ Petition No. 201 of 1977 the petitioner was declared elected as Chairman of No 10 Umednagar Union Parishad under Police Station Baniachong, District Sylhet on 25th January, 1977 and if was duly publ..

Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5

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

....ers and workmen or between workmen and workmen which is connected with the employment or non-employment or the terms of employments or the conditions of work of any person." Section 43 postulates that no industrial dispute shall be deemed to exist unless it has been raised in the pres......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. ......man J Manager, Sonali Jute Mills Ltd………………………………Petitioner Vs. Secretary, Sonali Jute Mills Workers Union, & others..........Respondents Judgment June 24, 1977. Result: The rul......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

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....a) without lawful authority or (b) in an unlawful, manner. Hamoodur Rahman, J interpreting the constitutional terms observed: “It means according to the accepted forms of legal process and postulates a strict performance of ail functions and duties laid down by laws.” In sectio......ls and the records which were produced before us but we are constrained to mention again that save and except the fact that the detenu had taken part in the liberation struggle and it is alleged as a member of the political party nothing was mentioned as to how he was indulging in prejudicial activi......m fit and proper. 2. The detenu Kalipada Hazra is the father of the petitioner. It is stated in the petition that the detenu is a Kabiraj by occupation and he was elected as Vice-Chairman of his Union by defeating an influential person of the locality. It is stated that the detenu as an honest ......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

Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipyard and two others, 1977, 6 CLC (HCD)

....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.     ......red to a worker under any law or agreement specific remedy has been provided under section 34 of the Industrial Relations Ordinance, 1969. In support of this contention he has relied upon a member of decisions particularly a recent decision of this Court in Writ petition No. 1422/74. In ha......sp;   ......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

Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)

....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ......of 1975, taking cognizance of the case against the petitioner. 2. Facts, in short, which led to the passing of the impugned order are like this: One Md. Fazlur Rahman, Vice-Chairman, Muhammadpur Union Parishad under Daudkandi police station lodged an ejahar on 31st October, 1974 alleging, inter......5, taking cognizance of the case against the petitioner. 2. Facts, in short, which led to the passing of the impugned order are like this: One Md. Fazlur Rahman, Vice-Chairman, Muhammadpur Union Parishad under Daudkandi police station lodged an ejahar on 31st October, 1974 alleging, inter alia,..

Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2

M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and ano­ther, 1977, 6 CLC (AD)

....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. ......y;ports. Of course, he stated in his deposi­tion that he has got nothing to do with the survey business of Lloyd's Depart­ment except attesting survey reports in the absence of the senior member of the firm. He is of the idea that to certify a survey report is to certify the quali­fi......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. ......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: 358

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

....p;of Order IX of the Code of Civil Procedure. Another contention of the petitioner is that the Labor Court acted indexes of the jurisdiction vested in it, in holding that the notice allegedly sent by post was duly served upon the petitioner, inasmuch as, no evidence has been produced to show that in......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.   ......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.   ......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.   ..

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

Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)

....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.   ......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.   ......7000/00 and also wrongfully confined him within a room. Thereafter he was forcibly taken to the C.D.A. Building and on his refusal to sign a written statement implicating the Secretary of the Hawkers Union in an alleged misappropriation of money he was also assaulted by the accused. The police inves......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

Pakistan River Steamers Ltd. Vs. Commissioner of Income-tax, Dacca Zone and another, 1977, 6 CLC (AD)

....of Rs. 16,12,486/-, and unabsorbed depreciation of Rs. 16,55,373/-. Since Pakistan came into being on the 14th August, 1947, the Income-tax Officer divided the said business loss as pre-partition and post-partition business losses in the ratio of Rs. 9,06,423/- and Rs. 7,06,063/-respectively and dis...... writ under the Constitution was not maintain­able. The result, therefore, is that the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 260. ...... writ under the Constitution was not maintain­able. The result, therefore, is that the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 260. ...... writ under the Constitution was not maintain­able. The result, therefore, is that the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 260. ..

Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173

Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....lishment of the Town Rationing Officer at Narayanganj he was taken in the 37th Battalion of the Pakistan National Guards and served therein from 26th February, 1951 to 31st January, 1952 and held the post of 2nd Lieutenant and subsequently the petitioner was reverted to the original establishment an......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233   ......Judgment February 9, 1977. Result: The rule is discharged. Cases Referred to- Shyamlal Vs. State of Uttar Pradesh and another A.J.R. 1954 S.C. 369.; Parshotam Lal Dhingra Vs. Union of India P.L.D. 1958 (S.C.) 217. Lawyers Involved: Syed Manzurul Ahsan-For the Petit......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233   ..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1

Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....lishment of the Town Rationing Officer at Narayanganj he was taken in the 37th Battalion of the Pakistan National Guards and served therein from 26th February, 1951 to 31st January, 1952 and held the post of 2nd Lieutenant and subsequently the petitioner was reverted to the original establishment an......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40.   ......the impugned action amounted to dismissal or removal or simple compulsory retirement. 12. The Supreme Court of India reiterated the said opinion in the subsequent case, Parshotam Lal Dhingra Vs. Union of India P.L.D. 1958 (S.C.) 217. In this decision the learned Judges expressed very clearly th......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40.   ..

Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5

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

....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. ......the partners having 25% share in the partnership was stranded in Pakistan at the time of liberation of Bangladesh. The remaining 5 partners were in Bangladesh during all time and K.P. Mabmud with all members of his family applied for repatriation from Pakistan and it was so done, in this view of the......vigation Directorate, Dacca, Member. 5. Senior most officer of Company/Firm concerned, Member for the Concerned firm only. 6. A representative of the Registered Em­ployees Workers' Union concerned, if any Member for the concerned firm only. The High Court Division has pointed......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

DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)

....sued by the Ministry of Health and Population Control, Govt. of Bangladesh purporting to relieve him of his duties and desgination of Professor of Medicine of the said IPGMR and to reiterate that the post of Dirctor is a non-practising one should not be declared to have been made without any lawful ......peti­tioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12   ......peti­tioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12   ......peti­tioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12   ..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5

Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)

....r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262.     ......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262.     ......ws: The plaintiff was a salesman of the defendant company. The Provincial Controller of the Company bore grudge against the plaintiff and he was harassed for taking part in the activities of the Union of the Bata Shoe Employees. Being attacked with acute type of dysentery, the plaintiff went to......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262.     ..

Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3

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

....ence between the US and the non-US prices. From November 20, 1962 this sub­sidy was withdrawn, since then the imports from the USA continued to be made at their original price. As a result of the postponement of the Consortium Meeting in July, 1965, US AID Loan for the import of iron and steel a...... 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. ...... 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. ...... 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. ..

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

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

....rly in the terms of the Actor arise by necessary and distinct interpretation." In this context it may be mentioned that the learned Attorney-General does not claim that the statute is an ex-post facto statute. Every ex-post facto law must necessarily be retrospective but every retrospectiv......ial Tribunal and no Court shall have authority to revise such order, judgment or sentence. (2) The Government shall for the purpose of this Act constitute an appellate Tribunal consisting of one member to be appointed by the Government. (3) The member of the Appellate Tribunal shall be a p......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. ......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. ..

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. ......ter called the "Labour Dispute Act". The Union (East Pakistan) Tea Estate Staff Association, is the Respondent. The principle contention of the respondent was that Nurul Absar was an active member of the Union and was its Unit Representative of the Chittagong Circle, and that he took activ...... 17, 1976. Result: The appeal is dismissed. Cases referred to- Aminul Islam Vs. James Finlay Co. Ltd., 26 D.L.R. (S.C.) 33; Khulna News Print Mills Vs. Khulna News Print Employees Union, 25 D.L.R. (S.C.) 85; Pakistan Tobacco Company Ltd. Vs. Pakistan Tobacco Company Employees Uni......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. ..

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

Gurudas Saha Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)

....ationa­lity, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ...... of the De­fence of Pakistan Rules and if so, whether they were as alien enemies precluded by section 83 of the Civil Procedure Code from taking any legal action in Pakistan Courts. It is to be remembered that the appellants sought to move the writ petitions in the High Court through their......ationa­lity, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......ationa­lity, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ..

Category: Property Law | Date: 7 May, 1976 | Hits: 55

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. ......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. ......ellip;………………….Respondent Judgment January 20, 1976. Result: Cases Referred to- Jugal Kishore Vs. Goolbai, AIR 1955 (SC) 812; Union of India Vs. Rallia Ram, AIR 1963 (SC) 1685; Carlill Vs. Carbolic Smoke Ball Company, 1893 1 Q......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. ..

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