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

....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.   ...... order indicated that the Government taking lenient view of the case, as this was the first offence committed by the petitioner and the government also did not actually sustain any loss, withheld one periodical inclement as per rule 4 the Government Servant's (Efficiency and Discipline) Rules, 1..

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

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

....eated in accordance with law and that he had acted on reasonable grounds. It was further considered that rules 32-and 204 of the Defense of Pakistan Rules were at same par although in rule 204 it was stipulated that the police 'reasonably suspect' and in rule 32 it was 'satisfaction'......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)

....monthly rent of Tk. 1600/- (Taka sixteen hundred) only payable accord­ing to English Calendar month. The 2nd party has agreed to take the above mentioned entire three storied build­ing at the stipulated rent of Tk. 1600/- (Taka sixteen hundred) only. It may be noted here that there is a stor......be paid in advance by the 2nd party to the 1st party and out of that an amount of Tk. 800/-(Taka eight hundred) only will be deducted every month towards pay­ment of rent and in this way within a period of 24 (twenty four) months the entire advanced amount will be deducted and thereafter the 2nd..

Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60

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.   ......pite of the allegedly wrong ground taken by the appellate authority in confirming it. Mr. Mohammadullah has next contended that the lease in question was given to respondents 5 to 7 for an indefinite period whereas Rule 4(2) of Enemy Property (Land & Buildings) Administrations and Disposal Order..

Category: Property Law | Date: 10 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. ......lant demanded compensa­tion for goods damaged and loss but with no result. The appellant served notice on the res­pondent No.3, the Federation of Pakistan as it then was. On the expiry of the period of notice the appellant instituted Money Suit No.23 of 1952 in the Court of Subordinate Judge..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357

Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)

....ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407.     ......o authority to execute the patta on their behalf. 5. The learned Advocate for the defendants appellants had submitted that there cannot be any adverse possession as against the minors during the period of their minority unless such adverse possession is claimed from the date of the attainment o..

Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2

Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)

....since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ......as the holders of the contiguous lands shall be made parties and sub-section (4) of the said section provided that such co-sharer tenants or holders of contiguous lands shall have to apply within the period referred to in sub-section. (1) i.e., 4 months of the date of knowledge, or within 2 months o..

Category: Property Law | Date: 7 Jun, 1977 | Hits: 5

M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)

....d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......y its order dated 29-8-61 dis­missed the appeal and held that the notices under section 23(2) and 22(4) of the Act were not required in the present case and the assessment made was not beyond the period of limitation. 6. The Appellate Tribunal having refused to refer any question to the Hig..

Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157

Nazir Ahmed Vs. Bangladesh Jute Industries Corporation represented by its Chairman, 1977, 6 CLC (HCD)

.... In view of the above, the Rule is discharged. We do not make any order as to costs. Ed. Rahul Islam J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 196   ......for 20 months upto 8 2.73 and also received money he was entitled to under the Companies Provident Fund Scheme including Tk. 15,339.79 being 100% companies contribution to his Provident Fund. After a period of 4 months of his joining the head office of the Corporation the petitioner was surprised to..

Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2

Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)

....circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417.     ......ge of the sale. Section 96(4) deals with the right of the remaining co-sharer tenants or tenants holding land contiguous to the land transferred to join the application for preemption within the period mentioned in sub-section 1) or within two months of the date of service of notice of the appl..

Category: Property Law | Date: 8 Mar, 1977 | Hits: 3

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

.... 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. ......he Income-tax Officer on 31-5-54 the said officer acted illegally in having recti­fied the alleged mistake under the aforesaid provisions of the Act on 15-7-61 which was long beyond the statutory period of 4 years and that the learned Judges of the High Court committed a substantial error in hol..

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

M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)

....e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ...... residential buildings by one Rashik Chandra Basu under registered deed dated 9-3-1932 for 29 years from 1st April, 1932 to 31st March, 1961 with right to successive renewal of settlement for further period of years and all rights of transfer, assignment, etc.; and that the lessee constructed buildi..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

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.     ...... any success. Hence this suit for the relief claimed. 3. The case of the defendant company was to the effect that the plaintiff absented himself from duty for more than 7 days after the extended period of leave granted to him and therefore his services were liable to be terminated under sub-cla..

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

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....ault, the decree will be executable after serving proper notice on the Government. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 355.   ......epared is not written on it. But from the Ext. 11 it will appear that a revised price list was given to the plaintiff on 15.9.45. So there was enough time for going to Calcutta and coming back in the period from 4.9.45 to 15-9-45. Under the circumstances the Sub-divisional Controller cannot be taken..

Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3

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. ....... S. billets, sheets M.S. plates for manufacturing different products. The consign­ment arrived between September, 1966 and August, 10, 1967. They did not import any raw materials during the periods, January to June 1965 and July to Decem­ber, 1965. 4. By several public notices whi..

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. ......an appeal from the judgment of a Special Tribunal lay to the High Court Division of the Supreme Court. 18. Repealed section 30 only provided the right of appeal and did not provide any period of limitation or procedure for the purpose of filing and disposal of the appeal. By implicati..

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. ......he was Head Clerk-cum-Accountant under James Finlay Company Limited at Khulna. His service was terminated allowing him wages in lieu of 90 days notice. The company preferred to pay his wages for that period in addition to compensation at the rate of 14 days wages for every completed year of service ..

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. ......assport. How­ever, both the appellants have appeared in person. 6. In the premises of the facts set out above, the point for our consideration is a very narrow one. It is whether during period of subsistence of Declaration of Emergency by the President of Pakistan in consequence ..

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

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

....t he would abide by the award which may be made. 13. The facts set out above clearly indicate, that the arbitration agreement was modified by deleting the second arbitration or the umpire clause stipulated between the parties earlier. The Respondent by writing a letter has clearly accepted the ......l", issued an advertise­ment in which they offered to pay £100 to any person who contacted influenza after having used one of their smoke balls in a specified manner, and for specified period. The plain­tiff on the faith of the advertisement bought one of the balls, and used it in..

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

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.   ...... the appeal, if leave is granted. 3. Mr. T.H. Khan, the learned Advocate appearing on behalf of the opposite party has submitted that application for leave must be filed before the expiry of the period of limitation otherwise the rule prescribing the time limit would be rendered nugatory. ..

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