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....ing from the pay vide annexure C&D of the petition. Accordingly, circular was issued be the employer that since BJMC has not given the consent the additional benefits as was agreed to between the parties earlier could not be available and further informed that the payment which has already been ......dash;This rule is directed against an order dated 16-8-73 passed by the Chairman of the Labor Court at Khulna, in IRO Case No.395 issuing temporary injunction restraining the petitioner from stopping payment of the bona fide granted to the workers on the basis of agreement dated 25-7-77 and for such......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
..... Punjab (AIR, 1964 SC. 381; Ramsingh Vs. Delhi, A.I.R. 1951 (SC) 270.
Lawyers Involved:
SerajulHuq with ShohrabHossain—For the petitioner.
Moazzem Hossain—For the Opposite party.
Criminal Misc. No.69 of 1977.
Judgment
BadrulHaider Chowdhury J.—This ru......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....at they required the premises for bona fide use and occupation and that the appellant was a habitual defaulter. The determination of the points involved the consideration of the agreement between the parties dated May 1, 1973 which showed that the appellant took the premises at a monthly rent of Tk.......able according to English Calendar month. Further, the appellant paid an amount of Tk. 19.200/- in advance to the respondents out of which an amount of Tk. 800/- would be deducted every month towards payment of rent and would pay an amount of Tk. 800/- per month in cash and in this way the entire am......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
.... Munim J. - This civil appeal arises from the judgment and decree of the Dacca High Court passed in P.M.A. No.181 of 1954 on April 27, 1965. 2. The plaintiff-appellant which is a registered partnership firm and carrying on business at Chittagong imported from Karachi 175 bales and 200 bale......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....or children and on their behalf their mother i.e. the widow of Kasimuddin had executed the patta in question. The Court below also came to a concurrent finding that although the patta in question was partly void with regard to the right, title and interest of the defendants No.1 and 6 since they wer......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. ......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
..............Petitioner
Vs.
Enquiry Officer, War Risks Insurance, East Pakistan Zone and others......Respondents
Judgment
May 5, 1977.
Result:
The rule is made absolute in part.
Lawyers Involved:
M. Hafizullahfor H.K. Chowdhuary—For the petitioner.
M.......stitution calls in question an order in appeal dated 17.3.71 of respondent No. 2 the Government the then Pakistan (now Bangladesh) and Demand Notices (Annexures F, B, B (1), C, E, G & H) for payment of evaded premium" along with penalties of a War Risks Insurance policy under the War R......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)
....ion) Present: A.R. Chowdhury J M. A. Khaliq J Mainuddin Khan................................Petitioner Vs. State................................................Opposite party Judgment April 19, 1977 Result: The Rule is made absolute. Lawyers I......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. ......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
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....;151 of the Code of Civil Procedure is barred by limitation, although the Labor Court should have held that 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 ......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. ......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
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
.... ......s of East Pakistan. 4. Plaintiff-respondent No.2 settled in full the claim of plaintiff-respondent No. 1 and the mortgagee, Industrial Development Bank of Pakistan, under the Insurance Policy on payment of Rs. 32,000/- comprising the amount-a sum of Rs. 27,000/- to the Industrial Development Ba......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
....business loss of Rs. 16,12,486/-, and unabsorbed depreciation of Rs. 16,55,373/-. Since Pakistan came into being on the 14th August, 1947, the Income-tax Officer divided the said business loss as pre-partition and post-partition business losses in the ratio of Rs. 9,06,423/- and Rs. 7,06,063/-respec...... 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.
......a non-resident Company, the loss accrued in India in earlier years would not be set off against Pakistani income for the assessment year 1949-50, and that through mistake apparent from the record the loan accrued in India in earlier years was set off against the Pakistani income for the assessm..
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)
....p;9 of the Act 2 of 1974 has no manner of application. 2. Petitioner's case is that he was in service of the Government since 5th August, 1947 when he joined as a Sub-Inspector in the Department of civil Supplies under the Government of East Bengal and on deputation from the establishm......he Act, 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: 31 DLR (HCD) (1979) 233 ......he Act, 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: 31 DLR (HCD) (1979) 233 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....annot be denied to a government servant who is compulsorily retired under section 9(2) of the Act. The order cannot be treated as one passed under section 10 of the Act. This part of the impugned order, that is, that he shall not be entitled to leave preparatory to retiremen......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. ......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
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
....r of resumption on cancellation of the lease having been made in accordance with law, relief as prayed for by the petitioner cannot be granted. 4. On consideration of the affidavits filed by the parties it appears that the impugned order of resumption and consequent forfeiture of the property t......of want of mutation is not available to the respondent, there is no other ground upon which the impugned order can be supported. In this context it may be mentioned that the petitioner's claim of payment of rent upto 1963 is also not resisted by the learned Advocate General on examining the rele......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)
....nt Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant. Moudud Ahmed, 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......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. ......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)
....ted that he holds the designation and performs the duties of a Prof, of Medicine as the Director of the IPGMR in the same way as Sir James Cameron did hold and perform the duty without filling up any particular post of Prof, of Medicine and the petitioner did not and does not receive any extra ...... hold that post. Since admittedly, the petitioner never received any extra remuneration for the post there does not appear any necessity of financial sanction; besides for creating a civil post, payment of remuneration is not an essential precondition. In the case of The State of Assam and......petitioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12 ..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....ent. Appeal from Appellate 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 o...... of Clause 21(B) for the purpose of the present case are as follows: “The employee will be liable to summary dismissal for misconduct which will include the following without any notice or payment in lieu thereof. * * * * * * * * * * * * * * * (XII) Absence without leave for a p......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
....i Shaha Road which was formerly known as K.C. Dey Road, Chittagong, being Municipal Holding No. 143/143A of Ander Killa Mohalla which has subsequently been re-numbered as 148.
There were three departments in the shop of the Plff. One was for Dutti, Sari etc., the second was for ready made goods......wrote a letter to the District Magistrate with copies to (1) Textile Controller (2) District Assistant Controller and (3) Sub-Divisional Controller, on 31.8.45, requesting them to remove the stock on payment of price and other incidental expenses. Then on 4.9.45 the defendant No. 3 who was the Distr......ied the list of prices at which it purchased the Lungies to the defendant but the defendant sold away the Lungies at price below the purchase prices the purchase-prices of the Lungies altogether come loan amount of Rs. 1,09,810/15/6. So the claim of this plaintiff for the goods of the first requisit..
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)
....r Ali, Advocate-on-Record-For the Respondent No. 2 (In Civil Appeal No. 20-D of 1968) S.S. Hoda, Advocate-on-Record—For the Respondent (In Civil Appeal No. 21-D of 1968). Ex-parte- Respondent No. 3 (In Civil Appeal No. 20-D of 68 and 33-D of 1968, Respondent No. 2 in Civil ...... legal effect and why the appellants should not be directed to cancel, withdraw and/or rescind the levy of price differential and why the requirement for furnishing of bank guarantees as security for payment of the said price differential should not be quashed and also why the other directions, as s......ctment. 10. In their affidavit before the High Court which was filed before Act III of 1967 was passed the appellants state that since the year 1961-62 procurement of iron and steel under US AID loan had been confined to the USA only where prices were at least 40% higher for individual items in..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....overnment of anything in respect of which the offence was committed. (3) Where an offence of hoarding or dealing in the black-market is committed by a firm, company or other body corporate every partner, director, manager, secretary or other officer or agent there of shall, if actively concerne......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. ......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)
.... is the Respondent. The principle contention of the respondent was that Nurul Absar was an active member of the Union and was its Unit Representative of the Chittagong Circle, and that he took active part in the union matters, and so the employer victimised him for his trade union activities. 3......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. ......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. ..Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137
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