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Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)

....ment April 7, 1978. Result: Rule is made absolute Lawyers Involved: S.S. Roy Chowdhury with Abdur Rashid—For the Petitioner. Aleem-al-Razee—For the opposite parties. Civil Revisional Case No.1444 of 1977. Judgment Abdur Rahman Chowdhury J.-Th...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215.   ..

Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1

A.Z. Rafique Ahmed Vs. Bangladesh Council of Scien¬tific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others, 1978, 7 CLC (HCD)

....irector. Mr. S.R. Paul at the very outset raised a question of maintainability of this application under Article 102 of the Constitution contending-that the 'Council' is neither a department of the Government of Bangladesh nor is it a statutory corporation or a local authority and ......, any order as to costs. The prayer for special leave to appeal is made but is refused. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 222   ..

Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5

Commissioner of Sales Tax, Chittagong Zone, Chittagong Vs. Amin Jute Mills Limited, Sadarghat Road, Chitta¬gong, 1978, 7 CLC (HCD)

....ld that the imported article was covered by the exemption, notification dated 5.12.1962. The question of law which arose out of this order of the Income-Tax Appellate Tribunal according to the department are as follows:- (i) Whether on the facts and in the circumstances of the cast, the Tr......ayed for certificate to appeal to the Appellate Division which is refused. Abdul Momith Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 226.   ..

Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2

Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)

....ommissioner of Income Tax Chittagong Zone, Chittagong Vs. The Consolidated Tea and Lands Co. Ltd., in 1977 Bangladesh Tax Decisions page 212. The Division Bench of this Court to which one of us was a party answered the question of law in the following terms: “In the facts and circumstance......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ..

Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4

Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)

....;………………………Respondents Judgment February 9, 1978. Result: The application is rejected. Abatement of an appeal in part or as a whole- Since the appeal arose out of partition suit, the suit could not have proce...... 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)

.... cannot be stopped from rectifying an irregular order on lawful grounds. In support of his contention he has cited Md. Ismail Zafar and others vs. Director General, Pakistan Telegraph and Telephone Department, Government of Pakistan and others reported in PLD 1967 Karachi at page 22. Mr. Kamal has f...... 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

General Manager, Urea Fertilizer Fac¬tory, Ghorashal, Palash, Dacca Vs. Urea Fertilizer Fac¬tory Employees Uni¬on, Ghorasal Palash, Dacca and others, 1978, 7 CLC (HCD)

....his establishment since 28.3.75 when he was released and that he got no locus-standi to raise any industrial dispute on behalf of workers of this establishment. An attempt at conciliation between the parties having failed a certificate of failure was given by the conciliator whereupon the dispute wa......f both the courts below are 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) 306.   ..

Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1

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

....t in 1951 as an Assistant Manager of Government Acquired Estates and, by efficient discharge of his duties, as he alleged, he was promoted as Circle Officer of Revenue in 1967. On 27th July, 1976 a departmental proceeding was started against him under the Government Servants (Efficiency and Discipli......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)

....t in 1951 as an Assistant Manager of Government Acquired Estates and, by efficient discharge of his duties, as he alleged, he was promoted as Circle Officer of Revenue in 1967. On 27th July, 1976 a departmental proceeding was started against him under the Government Servants (Efficiency and Discipli......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)

.... 3. The Deputy Chief Traffic Manager, East Bengal Railway, filed a written statement for and on behalf of Islamic Republic of Pakistan denying liability and stating, inter alia, that the Customs department seized the consignment which remained althrough in their custody and were stolen from their....... 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)

....s letter dated 23-9-77, Exb. 12 issued an order dated 2-11-74 giving effect to the re-commendation of the Commission from 1st October, 1974 in anticipation of Government order. This implementation in part, it was contended, was a matter of grace, and all the employees of this Industry numbering over......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

Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)

....en owners of the land long ago were, it has been alleged trying to disturb the plaintiffs' possession puttin claims of title and possession. There upon a series of litigation followed between the parties. The plaintiff riled a suit being Title Suit No. 138 of .1965 in the 1st Court of Munsif, Da......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84     ..

Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1

Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)

....has been filed on behalf of the defendant Nos.1, 2 and 3 for staying the proceedings of the suit and for directing the plaintiff to act in terms of the Arbitration Clause as stipulated in the charter party. The plaintiff has contested the application by filing an affidavit in opposition to which the......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

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

....Mia & others……………………………Petitioners Vs. Barista Krishna Kundu & others...........................Opposite parties Judgment December 15, 1977. Result: The rule is made absolute. Cas......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.

....n, Dacca with immediate effect due to adverse reports on his confidential antecedents. This, order was communicated to him on 2.3.66. On his representation he was informed that the Home (Political) Department examined his case and considered him unsuitable for appointment. The plaintiff contended th......med (1964) 16 DLR (SC) 722 and has drawn our attention to the following observations made therein: “Wherever any person or body of persons is empowered to take decisions after expost facto investigation into facts which would result in consequences affecting the person, property or other ..

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)

....r 29, 1977. 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......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

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

....as asked to submit return for the allegedly omitted portion of the holding with dimension and date of construction and measurement of capacity. In response to this letter the petitioner submitted the particulars as required by respondent No. 2. 3. In pursuance of process No.2232/77/NGR dated th......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

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

.... (b) the claim demanded to be set-off must be an ascertained sum of money (c) it must be legally recoverable from the plaintiff (d) it must not exceed the pecuniary jurisdiction of the Court (e) both parties must fill the same character as they fill in the plaintiff's suit (f) the claim must be ......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.     ..

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)

....r production of necessary evidence before the Court whether the Manager of the plaintiff's firm had authority to sue on behalf of the plaintiff firm. 7. It is difficult from pleadings of the parties, submitted in connection with the application for temporary injunction, to find out whether ...... 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

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

....reme Court High Court Division (Civil Appellate Jurisdiction) Present: Syed Mohsen Ali J Siddique Ahmed Chowdhury J Bangladesh.................................Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judg......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