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Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)

....ed in this case is as to whether the plaintiffs had acquired any right, title and interest in the suit land as against contesting defendant No. 1 and 6 by adverse possession of the suit land from the date of the execution of the patta when evidently the contesting defendants were minors and their mo......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407.     ..

Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2

Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)

....tion and Tenancy Act hereinafter referred to as the Act. 2. Tahrul Karim alias Tuhurul Karim Khan Chowdhury filed an application under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous to the and transferred. I......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. ..

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

M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)

....sh;For the appellant. A. K M. Moztmmel Huq Bhuiya, Advocate, instructed by M. R. Khan, Advocate on Record-For the Respondent. Civil Appeal No.66-D of 1970. (From the Judgment and Order dated 1-12-1967 pas­sed by the Dacca High Court in Reference Case No.17/66). Judgment ......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. ..

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

Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another

....r the Petitioner. Faruque Ahmed—For Respondent No. 2. Petition No. 1365 of 1974. Judgment Ruhul Islam CJ.—This application is directed against the judgment and order dated 20th August, 1974 passed by the Labor Court, Khulna in Miscellaneous Case No. 34 of 1974 (I.R.......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.   ..

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)

....e Petitioner. M.Hqfizullah—For Respondent Nos. 1 & 2, Writ Petition No. 337 of 1974 Judgment M.H. Rahman J.- In this application the petitioner has challenged the order dated 8.2.74 of the Secretary, Bangladesh Jute Industries Corporation suspending the petitioner from......ot apply its mind to the allegation against the employee and does not indicate what action is proposed to be taken by the employer and keeps on the employee hanging in suspend the matter may call for scrutiny. In the instant case the Corporation has found rightly or wrongly the allegations agai..

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)

.... Rab, Advocate-on-Record under Order XLV, Rule 1, Supreme Court Rules. Civil Appeal No.11 of 1974. (On Appeal from the Judgment and the  Order of the High Court of Bangladesh, dated the 3rd July, 1972 in Appeal from Original Order No. 19 of 1970.) Judgment K......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

Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)

.... Appellant (In Appeal No.12 of 1967). Appeal No. 12 of 1967. Judgment Ruhul Islam CJ.—Appeal No. 12 of 1967 preferred by the defendant is directed against the judgment and order dated 17th August, 1967 passed by A.M. Abdullah, J. in Admiralty Suit No.1 of 1966. Appeal No.1 of 1......t examined D.W. 2 Master Ali Akbar, who was the Master of Steamer Ostrich; D.W.3 Hiran khan, Sareng; D.W.4 Abdul Latif, Sukhani; and D.W. 5 Alep Khan, a passenger of the "M.L. Jalamoni". On scrutiny of the evidence of D.W.s 2, 3, 4 and 5 it appears that there is practically no difference i..

Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4

Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)

....remaining co-sharer tenants or tenants holding land contiguous to the land transferred to join the application for preemption within the period mentioned in sub-section 1) or within two months of the date of service of notice of the application under clause (b) of sub-section (3), whichever is earli......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.     ..

Category: Property Law | Date: 8 Mar, 1977 | Hits: 3

Pakistan River Steamers Ltd. Vs. Commissioner of Income-tax, Dacca Zone and another, 1977, 6 CLC (AD)

....-on-Record-For the Appellant. Mozammel Huq Bhuiyan, Advocate, instructed by S.S. Hoda, Advocate-on-Record-For the Respondents. Civil Appeal No.16 of 1973. (From the Judgment and Order dated 12.3.70 passed by the Dacca High Court in Writ Petition No.586 of 1967.) Judgment De...... 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. ..

Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173

Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....tioner. Sultan Hossain Khan, Deputy Attorney-General—For respondents. Writ Petition 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 s......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40.   ..

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)

....d, Advocate, instructed by S.S, Hoda Advocate-on-Record—For Respondents Nos.1 and 2. Ex-parte-Respondents No.3-7. Civil Appeal No.14 of 1976. (Appeal from the judgment and order dated 18th June, 1974 passed by a Division Bench of the High Court in Writ Petition No. 306 of 1973)......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

DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)

....irector and Professor of Medicine of the Institute of Post Graduate Medicine and Research, briefly called the IPGMR, obtained this Rule Nisi against the respondents to show cause why the Notification dated 22nd Nov, 1978 issued by the Ministry of Health and Population Control, Govt. of Bangladesh pu......t although there is meticulous and laboured dress­ing up of the allegations against Dr. Chowdhury in order to attract sympathy from the Court but on close examination they do not bear the test of scrutiny. We have already found that the context and circumstances in which the impugned noti­fi..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5

Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)

....al Appeal No.6 of 1976. (From Cri­minal Revision No.62 of 1972) Judgment Mahmud Husain CJ. - This appeal by special leave is from the judgment and order of the High Court Division dated 15-11-73 in Criminal Revision No.63 of 1972 refusing to quash the order of commitment dated 20......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. ..

Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147

Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)

....ate decree No. 204 of 1963. 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 ......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.     ..

Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....et price. The prices of the Lungies were carelessly and whimsically fixed, on 6.9.45 and again revised on 15-9-45. The stock of Lungies was sold by the officers of the defendant No. I and by a letter dated 19-11-45 plaintiff was informed that an amount of Rs. 89,245/5/9 only being the amount of comp......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.   ..

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)

....4-D & 46-D of 1968 Respondent in Civil Appeal No. 41-D of 1968). Civil Appeal Nos. 20-D to 47-D of 1968. (On appeal from the judgment and order of the High Court of East Pakistan/Dacca, dated the 2nd February, 1968 in Writ Petitions Ns.1, 7, 40 to 47, 52, 61-63, 88-92, 147, 148, 155, 2...... 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. ..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....he Full Bench has been made by a Division Bench of this Court in connection with an appeal preferred against the order of conviction and sentence passed by Mr. S.S. Ahmed, Special Tribunal I, Tangail dated July 30, 1974, in Special Powers Act Case No. 43 of 1974, convicting the appellant under secti......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

Gurudas Saha Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)

...., Advocate, ins­tructed by A.W. Mallik, Advocate-on-Record—For the Respondents (In both the appeals). Civil Appeals No. 61-D & 62-D of 1970. (From the Judgment and Order dated 22-4-68 parsed by the Dacca High Court in Petitions No. 295 and 296 of 1966). Judgm......re is no language in the explanation which could be construed to extend the immunity to a person holding a passport or getting renewals of his passport. Secondly, the contention does not stand the scrutiny of facts. The stay in India is granted the Indian Government by issuing visas not by Pakis..

Category: Property Law | Date: 7 May, 1976 | Hits: 55

Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)

....bubuddin Ahmed, Advocate, with Md. Shafiqur Rahman, Advocate, instructed by A. Rab-II, Advocate-on-Record—For the Respondent. Civil Appeal No.74 of 1977. (From the Judgment and Order dated 6-5-1976 passed by the High Court Division in F.M.A. No.46 of 1969) Judgment Kemalud......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

Karnaphuli Rayon and Chemical Ltd. Vs. Collector of Central Excise & Land Customs, East Zone, Chitttagong & another, 1975, 4 CLC (AD)

....pellant. Mahmudul Islam, Assistant Attorney-General, instructed by A. W. Mallik, Advocate-on-Record —For the Respondents. Civil Appeal No. 64-D of 1970. (From the Judgment and Order dated 6. 6. 68 passed by the Dacca High Court in Petition No. 76 of 1968). Judgment Ahsanu......ake of an officer concerned the term 'Cellophane' was mentioned not only in the Memo­randum of Association but also in the blue print. The explanation offered by the appellant does not stand to scrutiny in view of what has been observed above. 9. It has already been noticed that the re­p..

Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149