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Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
.... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ......: S.S.Halder—For the Appellant. Md. Abdur Rahim—For the Respondents. Second Appeal No. 359 of 1973 Judgment Abdur Rahman Chowdhury J.- These two applications, one for review of the order dated 14-11-77 passed by this court and another for leave to appeal under Cl...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....nal Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: ...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......ervice as an engineer in the war-torn country, and later, on October 18, 1972, in another representation he explained his conduct in submitting his resignation and apologized and expressed his regret for his behavior for which the Railway might have taken any exception. The Government after consider...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....ight guaranteed or secured. This contention is also found to have been raised before the learned Labour Court but was not accepted. Mr. Shaheed Alam has referred to a decision of the Supreme Court of Bangladesh dated 31-7-77 in Civil Appeal No.55 of 1977 in support of his contention. It has been hel......d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
...... petitioner employer by an order dated 11-3-75 and as such he ceased to be a worker within 2 (XXVIII) of the Industrial Relation Ordinance the definition of a worker as given in section 1969; he therefore, was not entitled to file an application under section 34 of the said Ordinance claim......d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
..
Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....gh Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Progati Khudra Babashayee Samabaya Samity Ltd...........Petitioner Vs. Bangladesh.................................Respondent Judgment February 3, 1978. Resu......an arbitrator under section 87 of the Act. 2. Facts of the case briefly stated are that the petitioner, M/S Progoti Khudra Babashayee Samabaya Samity Limited, a registered Co-operative Society and a member of respondent No. 2, Brahmanbaria Thana Central Co-operative Association Ltd. w......nt No. 2 filed an appeal under section 134 of the Act. The appeal was heard and dismissed by the Assistant Registrar by order dated 3.3.72. Thereafter, respondent No. 2 filed an application for review under section 135(2) of the Act which was also rejected by the Joint Registear ......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)
.... Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Fazlul Huq Chowdhury.............................Petitioner Vs. Govt. of Bangladesh...............................Respondents Judgment February 1, 1978. Resu......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ...... Govt. of Bangladesh...............................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; A.I.R. 1967, SC-1264; (P.L.D. 1958, S.......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: S. Ahmed J M.H. Rahman J Fazlul Huq Chowdhury................................Petitioner Vs. Govt. of Bangladesh..................................Respondents Judgment February 1, 1978. Re......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ...... Govt. of Bangladesh..................................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; Golam Sarkar Vs. Pakistan PLD 1962, S.......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ..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. ....... 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. ......two appeals have been heard together and will be governed by this judgment. 2. The plaintiff appellant in F.A. 90 of 1962, Shafiuddin Khan, filed Money Salt Bo. 8 of 1958 claiming Rs. 17,004-8-0 for non-delivery of two consignments of cardamom sent on 17-4-57 and 18-4-37 by the East Bengal Rail....... 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. ..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....ghts which they alleged were guaranteed and secured to them in terms of an Office Memorandum dated 18th May, 1974 (Annexure 'A') of the Ministry of Finance (Implementation Cell)-Government of Bangladesh, read with the recommendation of the National Pay Commission of 1973. Recommendation of t......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......, 1969 briefly the Ordinance and the nature of their work is clerical such as store clerk. These 12 workers had filed separate applications namely the Industrial dispute cases, as referred to above before the Labour Court Chittagong under section 34 of the Ordinance claiming enforcement of......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....n left United Kingdom for Dacca on 26th August, 1976 but the mother (opposite party) who was serving in a U.K. Hospital remained in London and continued with her job there. The opposite party came to Bangladesh on receipt of the summons of the instant case. After her return to Dacca the minor daught......tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ...... Dr. Quamarunnahar Ahmed.............................Opposite party Judgment January 20, 1978. Result: The rule is disposed of. Lawyers Involved: Nizamuddin Haider—for the petitioner. Civil Revision No.1263 of 1977. Judgment A.R. Chowdhury J.&......tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....ld an allotment for export of salt, to sell the same to the plaintiff. As per arrangement between the parties concerned, defendant No. 6 chartered the vessel (defendant No. 1) for carriage of salt to Bangladesh. Accordingly, a charter party was signed on 14.7.77 between defendant No.6 and defendant ......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ......buddin Ahmed with K. Z. Alam and Shah Abu Nayeem -For defendants Nos. 1, 2 and 3- Petitioners. Syed Ishtiaq Ahmed with Rafiq-ul-Huq, and FazlulHaque-For the Plaintiff. M. Fazlul Karim—for Chittagong Port Authority. Admiralty Suit No. 2 of 1977. In the matter of An applicati......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
....High Court Division
(Civil Appellant Jurisdiction)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
Md. Abdur Rasheed..............................Appellant
Vs.
Govt. of Bangladesh.............................Respondent
Judgment
December 2, 1977.
Result:
......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
...... Appeal No. 79 of 1970.
Judgment
M. H. Rahman J.—This is a second appeal. The appellant, Md. Abdur Rasheed, filed Title Suit No. 36 in the Court of Subordinate Judge, 1st Court, Dacca for a declaration that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacc......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....e Custodian could take possession of any ejmali land of which the appellant was in possession as a co-sharer without partition of the said lands in accordance with law.
6. After the emergence of Bangladesh the Government of Bangladesh seems to have been interested in the properties which vested......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......perties, which stood in the name of one Paresh Chandra Bardhan, on the basis of valid documents, that certain other lands standing in the name of Chittotosh Bardhan were debutter properties dedicated for the worship of the ancestral family deity of the appellant, who, being the eldest member of the ......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....(Dacca) 529; Md. Nurullah Patwari Vs. Golam Hossain Chowdhury and others (F.M A. 63/75); Tulshi Ram Vs. Dinanath, A.I.R. 1926 (Lahore) 145; Abdulla Bhoi and others Vs. Ahmed Din, 16 D.L.R. (S.C) 169; Bangladesh Vs. Md. ShamsulHuq and others (FMA. 356/76);Labhu Ram Vs. Ram Pratab and others, AIR. 194......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. ......further case is that the purchaser is an stranger and the case land was transferred secretly and without any knowledge of the co-sharer pre emptors. The case land is vitally and essentially necessary for their use and occupation and they being co-sharer tenants by inheritance are legally entitled to......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. ..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....emand notice. The petitioner, however, paid separate Court fees payable on separate applications. 2. The petitioner's case in short is as follows: The petitioner is a company incorporated in Bangladesh under the Companies Act, 1913, having its registered office at Strand Road, Chittagong, a......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. ......of 1973. In the matter of: Notice being process No.3823 dated 18.5.73 issued by the Assessing Officer, Narayanganj Range, Narayanganj demanding payment of purported Urban Immoveable Property Taxfor the years 1957-58 to 1972-73. Judgment Ruhul Islam CJ.—This Rule Nisi was issued......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. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
....llate Civil Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Dacca Match Factory Ltd........Plaintiff-Appellant (In Appeal Nos.217 & 218 of 1977) Vs. Bangladesh Match Company Ltd. Principal-Defendant………...Respondent (In both the ...... 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. ......have arisen out of the order dated 20.4.77 passed by Mr. Anisul Haque Choudhury, Additional District Judge, Special Court No. 2, Dacca in Title Suit No. 4 of 1977 rejecting the plaintiff's prayer for temporary injunction and the plaint. They have been heard together and this judgment will dispos...... 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)
....section 148 of the said Code." 11. The view expressed in the Pakistan Supreme Court decision referred to above was followed in three Single Bench decisions of the High Court Division of the Bangladesh Supreme Court in the cases of Rajendra Shirali and others Vs. Mahadev Shirali (1975) 27 D......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. ......e respondent, without issuing a Rule upon the appellant, who was the sole opposite party in the said application, and setting aside an order of dismissal of an appeal preferred by the respondent for his failure to put in a sum of Tk. 500/- within the time directed by the appellate Court. ......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. ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....rted in: 30 DLR (HCD) (1978) 349. ......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ...... section 7(aa) of 15-11-72 showing the final assessment of compensation the respondents have filed the above Arbitration Case No. 1833 alleging amongst others that they moved the Government for higher amount of compensation for land, structure and other acquired properties but the Governme......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....andatory 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 defendant No. 1, Ayaz ......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ......nt and decree dated 12.6.76 of the Subordinate Judge, 3rd Court, Chittagong in Other Suit No. 3 of 1975. This judgment will dispose of them all. 2. Defendants are the appellants and the suit was for declaration of the plaintiff's title to the suit property, recovery of possession and for ma......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....mongst 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 took a prelimina......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. ...... follows:- The Chittagong Paurashava by a notice in the newspaper published that there would be an open auction of as many as 11 Pourashava Octroi posts, namely, Group 'A' Jo 'K' for leasing out the said octroi posts on yearly basis to the highest auction bidders for period begi......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
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
....tation without applying mind to the necessary facts and relevant law. According to the learned Advocate, the two appeals were not barred by limitation inasmuch as the appellant was entitled under the Bangladesh (Legal Proceedings) Order, 1972, President's Order No.12 of 1972 to get the benefit o...... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193 ......sion No.712 and 713 of 1973. Judgment Ranadhir Sen J.-These two Rules are directed against two orders of the learned District Judge in respect of two appeals arising out of two applications for pre-emption under section 96 of the State Acquisition and Tenancy Act. The petiti...... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193 ..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
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