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Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....ll. 106 Privy Council; Sarat Krishna Bose and Biseshawar Mitra and others, 31 CWN 576; 4 DLR 621, Saferaddi Munshi Vs. Farman Ali Mridha & anr.; 14 DLR 256, Sarbeswar Mandal & ors. Vs. Fakur Chand Sarker & ors; 31 CWN 576, Sarat Krishna Bose Vs. Bisweshwar Mitra & ors.; Pitamber Lal ......er to do that real and substantial justice for the administration of which it exists, the provision of section 151 may and should be resorted to.” 8. In this connection it may be noted that this case was also referred to in the Full Bench case in AIR 1959 Pat. 121 (Supra) w..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....o certain things. Lastly, the 'Government' as occurs, in this Article cannot mean the Marine Academy. 3. Mr. Farmanullah Khan, the learned Advocate for the respondent No. 2, on the other hand, referred, to the expressions "dealer" as defined in the Bangladesh Essential Commodi......ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
.... of Joint Stoke company Madura; AIR 1938 Mad. 640. Bal Krishna Maheswari Vs. Uma Shanker Mehrotra AIR. 1947 All. 367; Ahmed Hossain Vs. Sayedur Rahman 18 DLR Dacca 506 and PLD 1968 Dacca 610, Satish Chandra Banik Vs. Dacca Jute Mills Ltd. Lawyers Involved: Rafiqul Huq, with E.H. Khan A.T. ......all in all respects comply with the provision of sections 130 to 135 of the Companies Act, 1913, has been specifically excluded by Article of Association of the Company. It may, however, be noted that section 131 sub-section (3) provides that every company other than a Private Co..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
....d on behalf of the appellants that the damages have not been assessed on correct principle and the amount assessed is too excessive. The learned Advocate for the plaintiff respondent has on the other hand submitted that the claim as to damages was carefully scrutinized by the trial Court item wise a......propounded by Lord Atkin, by and large, received recognition of the English judicial authorities in course of time and is regarded now as an accepted part of English law. It should, however, be taken note of that the Atkinian principle was not intended to be and is not a complete criterion and a num..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....eir functions so far as they relate to these units."
3. In order to understand the petitioners objections as regard the validity of this notification, it is necessary to refer to an earlier handout issued by the Secretary Dis-Investment Board. Government of the People's Republic of Ban......to exercise their functions so far as they relate to these units.
Sd/- Mohd. Nazrul Islam
Deputy Secretary,
Dated 14. 12. 1972.”
2. Though reference will be made later still note may be taken of the concluding portion of this Order which says that the Management Boards of t..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 558; Lord Denman in Bodenham Vs. Rickets; Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 Lawyers involved: M. H. Khandker-For the Petitioner. S. R. Pal with S. C. Das—For the Respondent No. 2. ......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....faction of the Government of Pakistan cannot be deemed to be the satisfaction of Bangladesh. 6. Mr. Hafizullah, the learned Advocate appearing on behalf of Opposite party No. 1, has on the other hand, contended that the Act with all its provisions has continued in force in Bangladesh and by vir......tary-General of the League of Nations. The denunciation of the Protocol on Arbitration Clauses shall entail, ipso facto, the denunciation of the present Convention.” 21. It should be taken note, of that the text of the Act as has been partly quoted above is the one as was adapted in Pakis..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....r measuring more or less 700 acres thrown up by a tributary of the Meghna at Bhola and the rival claimants are the plaintiffs and the co-plaintiffs who have been subsequently added as such on the one hand, and defendant No.1, which was originally Province of Bengal, subsequently after partition of t......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
.... Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muhammad PLD 1961 Lahore 792; Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98; Sangram Singh, Vs. Election Tribunal Kotah a......haser. Judgment-Debtor Basu filed an application under Order 21 rule 90 of Civil Procedure Code on 29.8.70 for setting aside sale. It was registered as Misc. Case No. 354 of 1970. It may be noted that the judgment-debtor has started several other proceedings relating to auction sale but, w..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
...., Narayanganj and others, (1961); 17 DLR 181 PLD. 1961 Dacca 263; The Presiding Officer Vs. Sadruddin Ansari and others, 19 DLR (S.C.) 510. Lawyers Involved: Serajul Huq, with Amir Hossain Khandaker—For the petitioner. K.Z. Alam, Deputy Attorney-General, Ismalluddin Sarker, Asst......d on those packets. Having regard to the mandatory nature of the direction contained in rule 42, all those papers should have been packed and sealed in their presence and in view of the discrepancies noted by the Presiding Officer it was his bounden duty to do so. The Presiding Officer having failed..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
.... to transportation for life, for murdering one Hasan Ali Chowkidar. 2. The prosecution case is that Hasan Ali Chowkidar and the accused persons were the inhabitants of village North Algi within chandpur Police Station of Comilla District. About 500 cubits west of the house of Hasan Ali Chowkida......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
..... - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......imber in the godown of the plaintiff, which is situated at French Road, Dacca at 9% interest per annum. After the terms had been settled the plaintiff signed in good faith contract lien forms and pro-notes from time to time in connection with his business. It has subsequently transpired that over dr..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
.... in the F.I.R. was one under section 364 of the Penal Code and the charge-sheet was also submitted under that section. 12. Mr. Mahbubur Rahman, appearing for the Respondent No.1, on the other hand, invited our attention to the order of the learned Session Judge who had cancelled the bail o......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ..Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ......all, so far as it is not inconsistent with the provisions of the Act, be deemed to have been done, taken made or issued under the corresponding provision of this Act " 15. It is to be noted that under section 42 of the Labour Disputes Act, 1965 the legislature conferred upon the Gove..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
.... 5-9-73. The learned Sessions Judge observed as follows: “5-9-73. Heard. On 1-4-73 this petitioner lodged a F.I.R. at Sylhet disclosing a Case u/s 392 read with P.O. No.50/72 and handing over two persons caught red hundred with firearms in their possession. Subsequently it ......23 (5)/73 under section 19 (A) (F) of the Arms Act and President's Order No. 50 of 1972. He was forwarded to the Court of Sub-Divisional Officer (South), Dacca on 30-5-73 under the following note:— "To The S.D. O. (S), Dacca. Through Dy. S. P. Court. ..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
..... Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ......ndered invalid because of the violation of any of the fundamental rights which were in existence at the time of the enactment, that defect was not cured under the provisions of this clause. It may be noted that the Ordinance in question which was promulgated on the 17th February, 1964 was valid up t..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
....s held that the organization works is an industrial establishment and not a factory, he could at once be included in the category of worker as deemed in the Shops and Establishments Act. On the other hand, if it was found that the petitioner was employed in a factory he might not be a worker within ...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....and despatched letters. The Despatcher and the H/C nave maintained that this was done without their knowledge and consent. This is hardly believable, The Issue Register is full of entries made in the hand writing of accused which shows that it was not the solitary instance on 9.11.65 that the accuse......is context the appellate authority recorded "delinquent did not prove by any evidence" and thereby contented himself by concluding this aspect of the case. The appellate authority, however, noted that on the following day according to the delinquent this matter was brought to the notice of..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....gment July 11, 1973. Result: The rule is discharged Cases Referred to- Shah Wali Vs. Ghulam Dim, 19 DLR, S.C. 143; S.M. Yousuf and another Vs. Khandker Hafizur Rahman and others, in Civil Revision case No. 326 of 1962; Azizul Hoque and others V...... that if the amount is not deposited within the lime specified the suit will stand dismissed, I find it difficult to agree that the court retains any jurisdiction whatsoever". 17. It may be noted that in that case the application for extension of time was filed even before the default orde..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
.... as such it is difficult to impugn the finding of the Labor Court on that count. Mr. Hossain has also contended that the Labor Court found that the cheque that was recorded by the employee in his own hand was an old cheque of 11 years back and he could not have got it, is based on a total misconcept......nsistent with the provision of section 35(2) of the Industrial Relations Ordinance, 1969. The respective contentions of the learned advocates require some consideration.
6. It is to be noted that Industrial Relations Ordinance, 1969, repeated the East Pakistan Industrial Disputes Act,..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
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