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Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....ensation for the total loss of "M.L. Jalamani" death was caused of at least 8 of the passengers of "M.L. Jalamoni". A report was prepared by the Special Officer, Marine Accidents, Government of East Pakistan after preliminary enquiry. In the report, the Operators and Serang of &q.......M. due to negligent navigation by the crew of "M.L. Madina." 3. Plaintiff’s case, in short, is like this: On April 29, 1964 at about 7 P.M. "M.L. Jalamoni" a passenger service launch of under 25 gross tons, bearing registration No. M-1165 with a certificate of survey ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417. ......n 96(1) of the Act gives a cosharer of a holding or a contiguous landholder the right to apply for pre-emption. Such person has to file application for pre-emption within four months of the service of notice upon him and if no notice has been served upon him, within four months of the know..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
....d. and I.G.N. Co. Ltd., which carried on the business of inland water transport in the Provinces of Bengal and Assam of the then British India, in pursuance of a scheme approved and sanctioned by the Government of Pakistan. A specific condition of the said scheme was that the losses and unabsorbed d...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
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Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
.... Ruhul Islam CJ Abdul Momith Chowdhury J Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Re......tition No. 1025 of 1974 Judgment Ruhul Islam CJ.- In this application legality of the order dated 25th July, 1974 directing the compulsory retirement of the petitioner from his service under sub-section (2) of section 9 of the Bangladesh Public Servants' (Retirem..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
.... of retirement being between two points of time that is, the age of compulsory retirement and the age of superannuation, when the petitioner should be deemed to be in service with the sanction of the Government, subsection, (2) of section 9 of the Act 12 of 1974 has no manner of applicatio...... Judgment February 9, 1977. Result: The rule is discharged. Bangladesh Public Servant's (Retirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide power to pass laws r..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
....mna, Dacca, after purchase of the same by the registered deed of conveyance dated 14th July, 1952 for a consideration of Rs. 77,393/9/- annas. The land measuring 19 kattas 4 chattaks belonging to the Government Khas Mohal appertaining to Khas Mohal Estate No. 157 of the Dacca Collectorate was taken ......e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....a partner in the deed of partnership on 1st November, 1971 was made one of the three joint operators of the Bank Accounts of the firm and he was later nominated a sub-Administrator of the firm by the Government on 20.2.1972. Accordingly, Mr. Mujibur Rahman, a partner of the firm continued to functio......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....s suit was re-numbered as 104 of 1969, and was pending before the Second Munsif Court at Satkhira. In pursuance of the President's Order No.69 of 1972 and President's Order No.90 of 1972 Government pleader, Satkhira, filed an application for abatement of the suit on November 18, 1972. A......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. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....ling to accept the position of Director of the IPGMR as a non-practising administrative post. Since the petitioner was unwilling to hold such a post, he solicited certain clarifications from the Government and also pointed out that the decision of the Govt. was contrary to the recommendations o...... have been made without any lawful authority and of no legal effect. 2. Dr. Nurul Islam, an eminent physician of the country with distinguished background stated, his petition that he joined the service of the then Govt. of East Bengal in 1952 as Assistant Surgeon and by successive promoti..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....f the Act public servant means a public servant as defined in section 21, Penal Code", and held:-"The true test, therefore, in order to determine whether a person is an officer of the Government, is: (1) whether he is in the service or pay of the Government, and (2) whethe......t as defined in section 21, Penal Code", and held:-"The true test, therefore, in order to determine whether a person is an officer of the Government, is: (1) whether he is in the service or pay of the Government, and (2) whether he is entrusted with the performance of..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ...... Judgment Abdul Wadud Chowdhury J.- This second appeal arises out of a suit for declaration that the order passed by Sales Personnel Department, Bata Shoe Company dated 7.7.59 terminating the service of the plaintiff, a shop employee of the Bata Shoe Company was in violation of the provision..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
.... East Bengal which stepped in the shoes of the Province, of Bengal and it contested the suit. The case of defendant No. 1 which is relevant for our present purpose, inter alia, in brief, was that the Government or any of its officers had no mala fide in July, 1944 one Aswini Kumar Das complained tha......schedule appended to the plaint for the good covered by the second requisition order. Notices under section 80 of the Civil Procedure Code were duly served on the defendants. As in spite of services of notices under section 80 of the Civil Procedure Code on the defendants, no com..
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)
.... import any raw materials during the periods, January to June 1965 and July to December, 1965. 4. By several public notices which were issued by the Chief Controller of Imports and Exports, Government of Pakistan, the respondents were required to pay the Government over and above the ......sions of the Act do authorise such imposition of price differential surcharge, the question has arisen whether from the very nature of the imposition which bears no resemblance to fees chargeable for services rendered, it can be termed a fee or it is a tax. For on reference to the provisions of Sect..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....tend to three months or with fine which may extend to five hundred Takas, or with both. (2) A court convicting an offence of hoarding or dealing in the black-market shall order the forfeiture to Government of anything in respect of which the offence was committed. (3) Where an offence of h......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. ..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. ...... Chittagong district, employed Nurul Absar Chowdhury a clerk, Grade III from 1st June, 1964. He was subsequently promoted to Grade II, Garden clerk on 3-7-67. The appellant by a letter terminated the service of Nurul Absar under section 19 of the East Pakistan Employment of Labour (Standing Orders) ..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)
....tta, a notice dated 23-5-1966 was issued declaring the properties of the partnership firm enemy properties and directing the delivery of possession of those properties to the Tahshilder of the Government Acquired Estate, Bhairab. The appellant then through his attorney filed Writ Petition No......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. ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....ary between those plots, he on 13-2-68 made an award, the sketch map forming part thereof. This award was submitted on 3-4-68 to the Additional Deputy Commissioner, who on consultation with the local Government Pleader, returned the award to Mr. Z. A. Chowdhury asking him to take action according to......es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)
....he "pending case" to be kept alive, the provision of the General Clause Act, 1897 would be inapplicable in the present case. In this connection he referred to the case of Public Prosecutor, Government of Pendichari Vs. Abdul Aziz Khan and another, reported in A.I.R. 1970 (Mad)-311. Mr. Cho......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 ..Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2
....e is, therefore, requested to take necessary action in consultation with the C.D.A. and send a draft notice for withdrawal of the said land under section 8B of the Act for further action by Government.
Deputy Commissioner's case records relating to L.A. Case No. 21/65/66 received ......
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
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Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....ioner who happened to be the Chairman of the Governing Body of the College the respondents filed an application u/s. 4A(2) of the Act (which I will call the said Act) to the then Provincial Government. The secretary Revenue Department, who heard the application on 2-8-69, held the order of......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
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Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
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