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Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....;of the Act. 4. Syed Manzurul Ahsan, the learned Advocate appearing for the petitioner strenuously argued that the impugned order of compulsory retirement has been passed in contravention of the mandatory provision of Article 135 of the Constitution; and that it is also violative of t...... pension rights and rights relating to disciplinary matters) of persons employed at any time before commencement of this Constitution or of persons continuing in the service of the Republic under the provisions of paragraph 10………......(8) The authority while passing the ord..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)
.... whether formation of the opinion of the Government is necessary for holding or declaring a property an abandoned property and its vesting under Article 4. Thirdly, whether prior show cause notice is mandatory before the opinion of the Government is formed. 15. On the first question, a referenc...... the possession and management of the firm in respect of its assets and properties was without lawful authority and was of no legal effect. 4. The High Court Division on examination of the provisions of Article 2(1) of Acting President's Order No.1 of 1972 held that the Government of ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......t moved the High Court under section 115 of the Code of Civil Procedure. The learned Judge who heard the revision case (Civil Revision No.776 of 1973) found that the suit had already abated under the provisions of the President's Order No.90 of 1972. Before proceeding further the relevant p..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....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 ......for the petitioner in holding the post of Director and Prof, of Medicine and function as such. 6. The petitioner has alleged that the impugned notification besides being violative of the various provisions of the Constitution has been passed mala fide at the instance of respondent No.2 who..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......e person so appointed is required to do any act by or under the Waqfs Ordinance while the Mutawalli appointed by the Administrator has got power to discharge his duty only in accordance with the provisions in the Waqfs deed. The Legislature did not include 'mutawalli' in section 98 of t..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....ating the service of the plaintiff, a shop employee of the Bata Shoe Company was in violation of the provision of the Standing Rules and Orders of Shop Employees of the said Company and further for a mandatory injunction for reinstatement with effect from 7. 7. 59. 2. Facts giving rise to the case a......lege salary from our N. Ganj Tan BZ, Shop Manager on signing "No claim letter.” The plaintiff has not drawn the salary in terms of the said letter. 5. Now let us refer to certain provisions of the Standing Rules and Orders which incorporate the conditions of services of its shop..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
....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.
......he articles of the first requisition. But he challenges awarding of interest by the learned Subordinate judge on that amount. He contends that Rule 75A of the Defense of the India Rules does not make provisions for awarding of any such interest as allowed by the learned Sub-ordinate Judge. Mr. Sulta..
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. ...... or duty which can be levied only under a fiscal statute. (4) that the Act III of 1967 is a valid piece of legislation and the levy of the price equalisation surcharge by it is in conformity with the provisions of Article 48 of the Constitution and also within entry 43(a) of the Third Schedule of th..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. ......l as procedural law, whether the legislature by express words or implied intendments made the statute retrospective. For appreciation of the above noted contentions close examination of relevant provisions of the Special Powers Act, 1974 as amended by the Special Powers (Amendment) Act, 1974, m..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. ......d in Khulna News Print Mills Case, the worker's service was terminated under Rule 12(1) of Model Standing Orders Rules 1946. Apart from the fact that there are verbal changes in the corresponding provisions of the two sets of the Rules, it appears that the worker Nurul Gani, was proceeded agains..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. ......gh Court through their attorneys, they being resident in India even then. It is further to be remembered that Defence of Pakistan Ordinance and Rules framed thereunder have provided that the provisions of the Ordinance and the Rules shall prevail over all other law in force in Pakistan&nb..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)
....nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561 ......on to deviate from the principles laid down in the decision referred to above. We are, therefore, of the opinion that investigation or proceedings started under P.O. 50/72 will be continued under the provisions of the said Act (P.O. 50/72) by virtue of section 6(e) of the General Clauses A..Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2
....
The Rule is, accordingly, 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) 597
......k in the condition in which it was before the acquisition nor could it give the respondent No. 6 all the rights which he had in it before the acquisition. Apart from this aspect, it is clear from the provisions of section 8B that the government had no power to impose such terms and conditi..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)
....tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550 ...... duty the police cannot be bound by any direction from the Special Tribunal to submit either a final report or a charge sheet. We therefore think that the impugned order is not in accordance with the provisions of law as are contained in sub-section (7) of section 27 of the Special Powers ..Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1
....s order.
In the result the rule is discharged without any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
...... of requisition is to be made by the Deputy Commissioner, whether such order will stand or not depends upon the will and discretion of the Government which it has been empowered to exercise under the provisions of section 4A(2) of the Act. If, in exercising the jurisdiction vested in it by..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594 ......o the trial of an election petition, so the provision for appointment of a Pleader Commissioner under Order, 26 of that Code shall necessarily apply in an election case. It appears that the provisions of the Civil Procedure Code (briefly the Code) will not necessarily apply in an election ..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
.... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566 ......e Court of India with reference to the expression "In the opinion of the Income Tax Officer" occurring in the proviso to section 13 of the Indian Income Tax Act, observed that the provisions are not to be construed in the sense of a mere discretionary power; but in the context of..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
.... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ......f the Code of Civil Procedure, yet I do not think that it is a fit case in which I should interfere. It is patent upon the face that the award was still subsisting, and, therefore, clearly hit by the provisions of section 35, sub-clause (iii) of the Bengal Agricultural Debtors Act.” ..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....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 ......where irregularities as mentioned above occurred. The entire election cannot be set aside on the facts stated above. 2. So far as the second contention is concerned, reference may be made to the provisions of article 9(i) of the Order. According to Mr. Ahmad Sobhan, the learned Advocate for the..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....y, the general meeting, which should have been called is one before which the balance-sheet should have been placed, but section 76 makes no reference to the balance-sheet and its terms are mandatory. (Page 625). The observations made above, as it appears, go to show that the calling ......3.5.1946. “It was held that the question of the impracticability of calling the annual general meeting in 1946 had to be determined by reference to the articles of association. The general provisions contained in section 76 of the Act have no application to the period intervenin..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
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