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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. ...... sue through its manager could not be questioned in law. 6. Mr. Khandkar Mahbubuddin Ahmed, the learned Advocate appearing for defendant No.1, has contended that the plaintiff-company has got no power or authority to sue in its own name. H has, however, conceded that as the question of maintain......in: 30 DLR (HCD) (1978) 244. ...... 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. ......ise unexceptionable. It may be noticed that the provision of section 115 of the Code does not specify the person on whose behalf an application under the said section can be filed. The power under section 115 of the Code is an extraordinary power which the High Court may exercise afte.....................Appellant Vs. Abu Zafar..........................................Respondent Judgment August 23, 1977. Result: The appeal is allowed. Cases Referred to- Manindra Chandra Dey and others Vs. Govinda Prasad (1951) 3 DLR 313; Sheikh Ayezuddin Vs. P......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
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ...... learned Deputy Advocate General took objection to the Memo, of cross-objection and presentation thereof on 9.3 77 because of the date of certificate in the Memo, of cross-objection and acceptance of power being on 8.5.77 and as such the Memo, of cross-objection should be rejected. The learned Advoc.......Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18, 1977. Result: The appeal is dismissed Cases Referred to- Labhu Ram Vs. Ram Protap, AIR 1944 Lah. 76; S M. Nripjit Ram Vs. Sardar Satinder Singh, AIR......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....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. ......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. ...... Appeal from original decree Nos. 16 and 17 of 1977, with Civil Rules 1039(f) and 1040(f)of 1976. Judgment Shahabuddin Ahmed J.— These two appeals and these two rules have been heard together as they arise from the same judgment and decree being judgment and decree dated 12.6.76 of ......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
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ......we need not enter into this controversy. The auction of octroi post is guided by Municipal Administration Ordinance, 1960 and mentioned in entry No. 24 under the 4th schedule which gives the enabling power to the pourashava for putting the octroi on auction it has been empowered by the Rules framed ......que—For Respondent No. 2 and 3. Kamahiddin Ahmed—For Respondent 1. Writ Petition No. 551 of 1976. Judgment Badrul Haider Chowdhury J. — This rule is directed as to show cause why the notice dated 16-8-76 issued by the respondent No.1 (Annexure A) should not be ......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
....in the orders of detentions show that the detenus have been detained for prejudicing the maintenance, supplies and services essential to the life of the community and for prejudicing the economic and financial interest of the State. Mr. Latifur Rahman argued that by invocation of rule 2(e), (XI) and......Sonai Nadi. It is contended that by itself if should not have been assumed that the detenu is a smuggler and without tangible material the detenu has been detained illegally in colourable exercise of power. Thus in all these three Writ petitions the detaining authority, it is stated, has passed the ......use the detenu has been mentioned as a veteran smuggler and his name is mentioned in the list of smugglers which was prepared by the Anti-Smuggling Committee of the Government of Bangladesh. In order to prevent him prejudicing the maintenance of supply and services essential to the life of the commu......beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
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. ......ecide whether in the facts of a particular case such a presumption would be drawn. Moreover, the evidence, as has been referred to in the said illustration, must be of such a nature as was within the power of the party to produce and was not produced because of his withholding the same. The sons and......lip;…Appellants Vs. Zahiruddin Kari and others..........................Respondents Judgment August 3, 1977. Result: This appeal is allowed. Cases Referred to- Dakas Khan Vs. Ghulam Khan Qasim I.L.R. 45 Cal 793 28 C L.J. 441 Lawyers Involved: ......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. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....dy such creditor would be entitled to ask for revocation of a probate. 10. In the case of Sarala Sundari Vs. Din abandon Roy, the testator Haralal Saba died in 1927. Sons of the deceased were in financial difficulties. In November, 1933 the creditor firm obtained a money decree against the sons......d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ...... Chandra Guha…………………….Principal-Opposite-party Judgment July 29, 1977. Result: The appeal is dismissed. Cases Referred to- Sarala Sundari Vs. Dina Bandho Roy, AIR 1944 (PC) 11. Md. Abdul Jalil Vs. Surendra Nath in ......d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......inquiry in the said sub-rule makes it obligatory on the authority to act in the particular manner as laid down by the rules and in no other manner. It is well settled now that when authority is given power coupled with a duty it must act in accordance with the law that has conferred such power and a......e People's Republic of Bangladesh and others........................................Respondents
Judgment
July 27, 1977.
Result:
The Rule is made absolute.
Cases Referred to-
Quazl Md. Mahbubur Rahaman Vs. Government of Bangladesh represented by the Secretary Establ......de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
.... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ......, he has added. The question before us, therefore, is whether the L.A. Court in determining compensation of a land acquired under the T. I. Act when no Tribunal under that Act was constituted has got powers to direct payment of interest on the compensation assessed. 5. The land in this case was......l from Original Decree No. 262 of 1969. Judgment Shahabuddin Ahmed J.—This appeal is directed against an award dated 30. 11. 68 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Improvement Ac...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ......n Special leave. It was urged before the Supreme Court that even if a second prosecution were competent on fresh comlaint; or on a fresh police report in respect of the same offence, there is no power in a Magistrate to revive the proceedings which came to an end by the passing of an order o......hman…………............Appellant Vs. The State................... Respondent Judgment July 13, 1977. Result: The appeal is dismissed. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala, 14 DLR (S.C.) 96; PLD 1962 (S.C.) 242; Ahwad Hossa......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....ned the whole circumstances showing that the petitioner had no hand in the occurrence excepting that he being a petty officer carried cut the order of his superior officers and as a matter of fact no financial loss in fact occurred to the department. In support of his defense the petitioner also ref......General, appearing for the respondents submitted with reference to Sub-Rule (2) of Rule 10 of the Government Servant's (Efficiency & Discipline) Rules, 1960 that government has been given the power to hold further enquiry against a government servant, and as such the case of the petitioners ......a, that the petitioner Mr., A. Khalilullah, formerly Sub-Overseer cum-Sectional Officer, Jhenidah Building Sub-Division, 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......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 ......sp;39 of the Code of Civil Procedure. 7. Learned Advocate appearing for the petitioners submitted that the Election Tribunal not being a civil Court, is not competent to exercise any of the powers provided under the Code of Civil Procedure for granting temporary injunction. As against this......on Tribunal Munsif Court Rajshahi and another……………..Respondents Judgment June 28, 1977. Result: The Rules are made absolute. Cases Referred to- Shamsul Huq Sikder Vs. Election Tribunal and others, 27 DLR 388; Masahiduddin Ahmed Vs......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 ..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
....alia, mentioned that finding no other alternative and also to keep the good relationship with the worker it was forced to sign 2 provisional agreements on 2-1-72 and 7-6-73 whereby certain additional financial benefits was given to the Sardars and Mistries of the Mechanical Department but this agree......tely provisional which again was subject to approval of the BJMC and as such the same was no settlement within the meaning of Industrial Relations Ordinance. Secondly, whether the Labor Court had the power of granting injunction under Order 39, rule 1 and 2 C.P.C.
The power ......ury J.—This rule is directed against an order dated 16-8-73 passed by the Chairman of the Labor Court at Khulna, in IRO Case No.395 issuing temporary injunction restraining the petitioner from stopping payment of the bona fide granted to the workers on the basis of agreement dated 25-7-77 and ......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
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
....not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ......ssioner. Sub-section (1) of section 19 has provided for setting the question of a liability, by the Commissioner, to pay compensation. Section 23 of the said act, provided for the power and procedure of Commissioner and it vests the Commissioner with the power of a Civil Court un......No.76 of 1974. The respondent having been injured, filed a miscellaneous case under Workmen's Compensation Act for compensation and the Commissioner passed an award of compensation amounting to Tk. 8,400/- declaring that the employee was permanently disabled on 14-11-74. Out of the said amo......not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......ubmissions of the learned Advocate Mr. Raisuddin Khan that the plaintiff-petitioner has been subjected to double jeopardy is of no avail. 9. It may further be mentioned that the Magistrate's power of the seizure of goods under section 51 of the Code of Criminal Procedure is elabor......77. Result: The Rule is discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesford; Novel Vs. London Express Newspaper Ltd., 1919 Appeal Cases 3......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....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.
...... stated in the petition that the detaining authority had invoked rule 2(e) of the Emergency Powers Rules in justification of passing of the order of detention which, however, does not confer any such power on such authority. It is stated further that the detention is not in accordance with law and t...... Karim,(1967)19 DLR (SC) 403; Liversidge Vs. Anderson; Government of West Pakistan Vs. Begum A. Karim, (1969) 21 D.L.R. (S.C.) page 1; Vimblabai Desphande (A.I.R. 1946 P. C. 123);Nakhuda Ali Vs. Jayanton (1951 A.C. 66);Overseas of Poor Vs. London Northwestern Railway; Saleha Begum Vs. Government of ......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
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. ......ntion that the Special Tribunal acted illegally in taking cognizance against the petitioner and submitted that in the facts and circumstances of the case the Special Tribunal could have exercised its power as provided in section 27(7) of the Special Powers Act, namely, directing the police......Anwarul Hague Chowdhury, Deputy Advocate-General—For Respondents No.2. Writ petition No. 248 of 1977. Judgment Ruhul Islam CJ.— This rule Nisi was issued with a view to examine the legality of the impugned order dated the 5th January, 1977 passed by the Additional S......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. ..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
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. ......nbsp;13 of the Code of Civil Procedure. 4. Mr. Niazmuddin Haider, the learned Advocate appearing for the petitioner submits that Labor Court is a Civil Court because, it is clothed with the powers of the Civil Court under section 36 of the Industrial Relations Ordinance, 1969. Si......lip;Petitioner Vs. Chairman, Labour Court, Khulna and another……………….Respondents Judgment April 12, 1977. Result: Cases Referred to- M/s. M.M. Ispahani Vs. Chairman, Second Labor Court and another, (1967) 19 DLR 612; Banglad......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
....
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
......
The Rule is discharged.
Power to suspend employee employer-
The order of suspension by the Corporation against the employee does not suffer from any infirmity
An employer has the power to suspend temporarily an employee when the employee's conduct has been such as to demand .......Petitioner
Vs.
Bangladesh Jute Industries Corporation represented by its Chairman........Respondents
Judgment
April 11, 1977.
Result:
The Rule is discharged.
Power to suspend employee employer-
The order of suspension by the Corporation against the employee d......
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
..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
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