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Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)

....s provided in this Act, no appeal shall lie against any order, decision or award passed In accordance with this Act, and every such order, decision or award shall be final, 135(1) The Provincial Government may gall for and examine the record of any enquiry or Inspection held or made under this ......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ..

Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....f 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under the signature of respondent 3, Joint Secretary, Establi......ondent No.1, Government of Bangladesh, communicated under the signature of respondent 3, Joint Secretary, Establishment Division, compulsorily retiring the petitioner, a Circle Officer (Revenue) from service under rule 3(3)(b) of the Government Servants (Discipline and Appeal) Rules, 1976. 2. Facts ..

Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....f 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under the signature of respondent 3, Joint Secretary, Establi......ondent No.1, Government of Bangladesh, communicated under the signature of respondent 3, Joint Secretary, Establishment Division, compulsorily retiring the petitioner, a Circle Officer (Revenue) from service under rule 3(3)(b) of the Government Servants (Discipline and Appeal) Rules, 1976. 2. Facts ..

Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1

Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)

..... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146.       ...... their custody by criminals In connivance with the plaintiffs; the railway administration took precautions as required of a bailey while the consignments were in transit and it was contended that the service of notice under section 77 of the Act and that under section 80 of the C..

Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2

Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)

....ogether and are going to be disposed of by this judgment. 2. The common petitioner in these petitions is the Manager, Azizuddin Industries Ltd., an industrial concern which was taken over by the Government under the Acting President's Order No.1 of 1971 and which subsequently vested in the ......sion the learned Labour Courts itself held that such a notification is necessary. This Act (Service Re-organisation Act) provides that the Government may prescribe any scale of pay for persons in the service of the Republic and employees of Autonomous Bodies. Statutory Corporations, Nationalised Ind..

Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1

Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)

.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... Absence of the data of issue of the receipts Exb-C series and their subsequent disappearance raise question as to their genuineness Excepting the oral evidence of Deftd No. 1 there is no evidence of service of notice upon the plaintiffs As to announcement in. the locality by beat of drums it is aga..

Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2

Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)

.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... Absence of the data of issue of the receipts Exb-C series and their subsequent disappearance raise question as to their genuineness Excepting the oral evidence of Deftd No. 1 there is no evidence of service of notice upon the plaintiffs As to announcement in the locality by beat of drums it is agai..

Category: Property Law | Date: 16 Jan, 1978 | Hits: 2

Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)

....a, Madras and Bombay, shall, where the deceased is a Hindu Muhamadan, Buddhist, Sika or Jain or an exempted person, receive, applications for probate or letters of administration until the provincial Government has, by a notification in the official Gazette, authorised it so to do. 5. There in ......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97     ..

Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8

Md. Abdur Rasheed Vs.

....s, Dacca Division, Dacca (defendant No. 2) terminating his service was void, invalid, illegal, ultra vires and without lawful authority and of not legal effect and that he was still in service of the Government. 2. His case, in brief, is that he was appointed as Physical Education Teacher in Na......he Court of Subordinate Judge, 1st Court, Dacca for a declaration that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacca Division, Dacca (defendant No. 2) terminating his service was void, invalid, illegal, ultra vires and without lawful authority and of not legal effect..

Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2

Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (AD)

..... Result: The appeal is allowed. Cases Referred to- Province of East Pakistan Vs. Syed Hatem Ali and others (1968) 20 DLR (SC) 129; Sufia Khatun Vs. Secretary, Revenue Department, Government of East Pakistan and others, (1968) 20 DLR (SC) 18; Mumtazuddin Ahmed Chowdhury Vs. Deput...... ensuring the security, the public safety and interest and the defence of Pakistan or for securing the maintenance of public order or the efficient prosecution of war or for maintaining, supplies and services essential to the life of the community. Subsection (2) enu­merated certain specific sub..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)

....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230.     ......or to the admission of the appeal under Order 41 Rule 11 C.PC, is not held as not maintainable as there is no prohibition in Law (Order 41 r. 22) filing such cross-objection before the service of notice upon the respondent intimating that the appeal has been admitted under Order 41 Ru..

Category: Property Law | Date: 25 Nov, 1977 | Hits: 2

Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)

....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86.         ......es paid, the tax demanded without any objection. The petitioner, having already paid the tax assessed on the valuation of the oil storage tanks from 1963-64 to 1969-70 which was assessed after proper service of notices in 1970, the objection of the petitioner that re-assessments under rule. 10 of th..

Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4

Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)

....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179.     ......able in view of section 21 of the Premises Rent Control Ordinance, 1963 which lays down as follows: “21. Making of repairs and taking of measures for the maintenance of Essential services by the Tenant on the failure or neglect of the landlord to do so- (1) The controller s..

Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1

Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)

....ra (Crescent with a device of horse and stars). From 29.5.73 to 17.6.74 the defendant's Match Factory was under the Bangladesh Fertilizer, Chemical and Pharmaceutical Corporation. On 19.11.74 the Government of Bangladesh released the concern in favor of M/s. M. M. Ispahani the defendant's Ch...... 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. ......Vs. Rajab Ali and others, Civil Peti­tion No. 173 of 1977 decided on 18-7-77 and we have held therein that although section 115 of the Code of Civil Procedure does not contain any provision as to service of notice upon the opposite party against whom the order is sought to be made but it is incu..

Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111

Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)

.... the Appellant. Abdur Rashid Gazi—For the Respondent. Appeal from Original Order No. 356 of 1976 Judgment Siddique Ahmed Chowdhury J.-This appeal is at the instance of the Government against the Judgment and award dated 17-4-75 passed by the learned Subordinate Judge and ......e appeal being presented on 24-11-75 and heard on 4-5-77 under Order 41 rule 11 C.P.C. and cross objection in question being presented on 9-3-77, even before the admission of the appeal and service of the notice upon the respondent, the cross-objection (filed on 9-3-77) is no cross-objecti..

Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2

Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)

....sion and for mandatory injunction. The case of the plaintiff, as set out in the plaint, is that the suit land, plots Nos. 1 and 2 of the Old Cantonment at Chittagong belonged to defendant No. 3, the- Government of Bangladesh in the Ministry of Defense. It was put to public- auction in which defendan...... per month for the first 10 years, Rs. 1950/- per month for the second 10 years and Rs. 2,600/per month for the third 10 years. Further, defendant No. 4 agreed to construct a petrol pump, filling and service station on this land and to offer dealership for sale of petrol to defendant No. 1. In pursu..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)

.....76. 4. Amongst the 4 respondents only the Chairman. Chittagong Pourashava contested the rule by filing affidavit. Neither the Commissioner, Chittagong Division as controlling authority, not the Government of Bangladesh contested the Rule. 5. In the affidavit in opposition respdt. No. 1 to......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

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

.... Result: The Rules are discharged. Cases Referred To- Abdur Rahman Vs. Govt. of East Pakistan (1967) 19 DLR 748; Kalipada Hazara Vs. Govt. of Bangladesh (Criminal Misc. Case No. 69/77; Government of West Pakistan Vs. Begum Abdul Karim, (1969) 21 D.L.R. (S.C.) 1; Ghulam Jilani, (1967);......nd 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 community the detention order was passed. In reply, it is stat..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4

Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

.... "A record of rights has been described by Sir Henry Maine as a detailed statement of all rights in land drawn up pe­riodically by the functionaries employed in setting the claims of the Government to its shares of the rental........ Though it does not create a title, it gives ris......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