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Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

.... J Abdus Saleque……………………………………..Petitioner Vs. Secretary, Establishment Di­vision, Government of the People's Republic of Bangladesh and others.......................................... against an order dated 11-4-73 passed by Mr. M. Rahman, Secretary, Establishment Division, Government of the People's Republic of Bangladesh, under P.O. 67 of 1972 intimating the dismissal, from service of the petitioner and the forfeiture of the house at 126, Gulshan Avenue, Dacca, under Artic..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2

Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)

....8 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Improvement Act, 1953 briefly the T.I. Act. 2. The Government of Bangladesh is the appellant before us. Facts of the case, so far necessary for disposa...... 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)

....ting forth the necessary parti­culars. Sub-section (2) of section 173 lays down that where a superior police officer has been appointed under section 158 the report shall, in any case in which the Government so directs, be submitted through that officer who may, pending the orders of the Magistr......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

Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)

.... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186.   ......gnises the institution of Gharjamai and confers on the daughter even if married, the right of residence and even of maintenance. After the plaintiff's marriage with the pro-defdt her husband took service for a short time in a ten garden where the Plff, went to live with him but due to illness th..

Category: Property Law | Date: 8 Jul, 1977 | Hits: 2

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

....Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J M. A. Khalilullah and Abdul Hakim..............................Petitioner Vs. Government of Bangla­desh and others.......................Respondents Judgment June ......76 it has been stated, inter alia, 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 supe..

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

Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)

....rent rulings of the Superior Courts of the country. 6. Only question for our consideration in these applications is as to whether Election Tribunal constituted under section 27 of the Local Government Ordinance, 1976 is "Civil Court" and as such, is competent to grant temporary i......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

Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)

....ature of khal and was recorded in the C.S. khatian as khal, it became cultivable in course of time by gradual accumulation of sands. The landlord possessed the same through bargadars. Thereafter, the Government stepped into the shoes of ex-landlords and by virtue of State Acquisition and Tenancy Act...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 2

Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)

....he exercise of our jurisdiction under section 115 of the Code, which is discretionary, with the order passed by the learned Subordinate Judge. A suit was filed by the plaintiff-petitioner against the Government for declaration of their tenancy right over the suit land measuring 810.86 acres. The onl...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 60

Manager, Sonali Jute Mills Ltd Vs.Secretary, Sonali Jute Mills Workers Union, & others, 1977, 6 CLC (HCD)

....sp;2 which provides, amongst others, "such agreement is in writing, has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to Provincial Government the Conciliator and such other person as may be prescribed". In this view of the mat......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

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....ed by the learned Magistrate on 12. 5. 69. The matter was heard by the learned Additional or Sessions Judge of the 1st Court, Dacca, who, however, rejected the revisional application preferred by the Government. Subsequent to that the Assistant Collector of Customs of Excise, Division I passed an or......, 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

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

....1, 1977. Result: The Rule is made absolute. Cases Referred To- Ghulam Jillani and Govt. of West Pakistan Vs. Begum A.K. Abdul 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 ......expedient for ensuring the security, the public safety and interest and for protecting the economic life of Bangladesh, or for securing the maintenance of public order, or for maintaining supplies or services essential to the life of the community. (2) Without prejudice to the generality of the..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1

Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipyard and two others, 1977, 6 CLC (HCD)

....-This Rule under Article 102 of the Constitution calls in question an order dated 20.7.74 (Annexure C) of respondent No.1, the General Manager, Khulna Shipyard Ltd. made in pursuance of the Government Notification No. NID 37/73/958 dated 19-12-73 fixing wages and fringe benefits of workers......sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ..

Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1

Habibullah Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra¬tion & Land Reforms, Bangladesh & others, 1977, 6 CLC (HCD)

....ondents 5 to 7 rejecting the prayer of the petitioner, without however assigning any reason. This order was challenged in an appeal which was disposed of by the Additional Custodian on the basis of a Government Circular Instruction. The instruction was that in leasing out enemy property preference s......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.   ..

Category: Property Law | Date: 10 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. ...... Abdul Hashim the opposite party No. 4 therein on 7.3.69 and the Misc. case No. 61/69 having been filed on 15.5.69 was barred by limitation since the same was filed beyond two months from the date of service of notice in Misc. case No. 4/69. In that view of the matter the learned Munsif allowed the ..

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

Amin Jute Mills Ltd Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others, 1977, 6 CLC (HCD)

....f section 12 of the Ordinance, surcharge along with interest was imposed upon the petitioner and accord­ingly the Demand Notices were issued upon the petitioner. This assessment was upheld by the Government in appeal by the impugned order as already referred to above. The petitioner has as­s......bservations made above. There will be no order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in:  30 DLR (HCD) (1978) 341.   ..

Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3

Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)

....riminal Procedure. The petitioner was subsequently released on bail by the learned Sessions Judge. We feel that such highhandedness, if allowed to go unchecked will bring slur on the good name of the Government. The petitioner as the citizen of a free country is entitled Jo due protection under the ......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ..

Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1

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. ......ion of any evi­dence. If he finds any difficulty with regard to such acceptance he is to issue a notice, upon the assessee under sub-section (2) in such a circum­stance. In fact, it is on the service of such a notice only, a contentious proceeding for asses­sment is initiated. 12. T..

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

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.   ......the time would run from the date of knowledge of the order and not from the date of ex parte order obtained by fraudulent suppression and the petitioner is entitled to get the benefit of extension of service under section 18 of the Limitation Act and also under the amended rule 13&nbs..

Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2

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   ......d rightly or wrongly the allegations against the petitioner to be serious. The order of suspension spells out the allegations, indicates the action that is proposed to be taken, namely dismissal from service, by the Corporation and has also given an opportunity to the employee to explain his conduct..

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

M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)

....answer clear. The Proclamation of Independence made, from Mujibnagar, on 10th April, 1971, a declaration of the then East Pakistan into a sovereign Independent State. It recited that the Pakistan Government had started an unjust war which led to the making of such declaration of independence. ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in:    ..

Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320