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Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....ke further action in the matter. Respondent No. 4 by his order dated November, 16, 1972 informed the petitioner that he was taken back in service and temporarily appointed to work against the post of Deputy Chief Engineer, Rehabilitation and Construction, and that the intervening period from the dat...... 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 ......ction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: The ru......Respondents Judgment March 7, 1978. Result: The rule is discharged. Cases Referred to- Md. Shoib Vs. Govt. of Bangladesh (1975) 27 DLR 315; Md. Ismail Jafar Vs. Director-General Pak. Tel and Tel. Dept. PLD 1967 Kar. 22. Lawyers Involved: S. R. Pal-For the Peti..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....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.
......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.
......M. H. Rahman J
General Manager, Urea Fertilizer Factory, Ghorashal, Palash, Dacca.........Petitioner
Vs.
Urea Fertilizer Factory Employees Union, Ghorasal Palash, Dacca and others....Respondents
Judgment
February 7, 1978.
Result:
The rule is made ab......also Reported in: 30 DLR (HCD) (1978) 306.
..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....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 ......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 ......rator 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. which is ......tion 135(2) of the Act upon the Joint Registrar. The Joint Registrar thus got all the powers of the Registrar for review and revision. 4. Mr. H.M. Hoque, the learned Assistant Attorney General has appeared for respondent No. 1, and Mr. Abdul Hamid Chowdhury, the learned Advocate has a..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....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. ......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. ......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.C. Ind.) 2......w cause notice was given to him after the Enquiry officer submitted his report of the enquiry nor any copy thereof was given to him. 4. Mr. Quazi Shafiuddin Ahmed, the learned Assistant Attorney General appearing to support the impugned order has contended that reasonable opportunity was given ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....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. ......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. ...... 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.C. 142; Md......w cause notice was given to him after the Enquiry officer submitted his report of the enquiry nor any copy thereof was given to him. 4. Mr. Quazi Shafiuddin Ahmed, the learned Assistant Attorney General appearing to support the impugned order has contended that reasonable opportunity was given ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
....r section 77 of the Railways Act (Act IX of 1890), hereinafter referred to as the Act and a notice under section 80 of the Code of Civil Procedure was sent on 20-2-58. 3. The Deputy Chief Traffic Manager, East Bengal Railway, filed a written statement for and on behalf of Is....... 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. ...... Civil Appellate Jurisdiction) Present: Shatiabuddln Ahmed J M.H. Rahman J Mr. Kalimuddin Ahmed.............................Appellant Vs. Federation of Pakistan and others..............Respondent Judgment January 31, 1978. Result: These appe......n of India Vs West Punjab Factories Ltd, AIR 1966 (SC) as page 395; Pakistan Eastern Railways Vs. Matiur Rahman and others (1968) 20 DLR 318; Pakistan Vs. Amin Jute Mills, (I973) 25 DLR 307; Governor-General in Council (now Union of India) Vs. Mussaddi Lal, AIR 1961 (SC) at page 725; 20 DLR 315; 25 ..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
..... 3. The suit was contested by defendant No.1 who claimed that the revenue sale was held in his favour and the ostensible purchaser was his mere benamder and that by filing an application to the Deputy Collector he got his name mutated in Register D of the Faridpur Collectorate. He contended th...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......se is also Reported in: 31 DLR (HCD) (1979) 74. ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... 3. The suit was contested by defendant No. 1 who claimed that the revenue sale was held in his favour and the ostensible purchaser was his mere benamder and that by filing an application to the Deputy Collector he got his name mutated in Register D of the Faridpur Collectorate. He contended th...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......se is also Reported in: 31 DLR (HCD) (1979) 74. ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....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. ......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. ......Court Division (Admiralty Jurisdiction) Present: Abdur Rahman Chowdhury J Abu Bakr Siddique..........................................Plaintiff Vs. M.V. Aghia Thalassini and others.....................Defendants Judgment December 20, 1977. Result: Th......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
....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, Dacca Division, Dacca (defendant No. 2) terminating his serv......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.
......of Bangladesh.............................Respondent
Judgment
December 2, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Abdus Sabur Khan Vs. Karachi University and another (1966)) 18 DLR (SC) 422; University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; Ban......LR (Dac) 274; Federation of Pakistan V. Raja Md. Afzal Khan (1959) 11 DLR (SC) 45.
Lawyers Involved:
M.G. Bhuiyan, Nurunnabi Khan—For the Appellant.
Sultan Ahmad, Deputv Advocate-General—For the Respondents.
Second Appeal No. 79 of 1970.
Judgment
M. H. Rahma..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....an 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 Vs. Deputy Commissioner and Assistant Custodian of Enemy Property, (1968) 20 DLR 375; Messrs M.M. I......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.
......rder as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
...... the Appellants.
Anwarul Huq Chowdhury, Advocate, instructed by B. Hossain, Advocate-on Record-For Respondent No. 2.
Ex parte—Respondent No.1. B.B. Roy Chowdhury, Asstt. Attorney-General instructed by B. Hossain Advocate-on-Record-For the Added Respondent No.3.
Civil Appeal..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
.... proper valuation of oil storage tanks and without giving any opportunity of being heard, cannot stand. In the Urban Immoveable property Tax Rules, 1957 there is provision for first appeal before the Deputy Director of Taxation against the order of, assessment made by the Taxation Officer and second......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. ......) Present: Ruhul Islam CJ A.T. M. Afzal J Judgment Burmah Eastern Limited. ......................................Petitioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment September 1, 1977. Result: The applicat......ospective, and not retrospective." 13. Following the settled principles of interpretation we find it difficult to accept the interpretation sought to be given by the learned Asstt. Advocate-General appearing for the respondent No. 1, that is, rule 10 can be given retrospective operation. T..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
....e out a prima facie case of infringement of its trade mark the learned District Judge has rightly rejected the prayer for temporary injunction. He has cited to us M/S. Pharmapak Laboratories Ltd. Vs. Deputy Registrar, Trade Mark, (1967) 19 DLR 99; Master Thread Ball Works Vs. H. A. Karim, (1969) 21 ...... 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. ......n Medical Supplies Vs. Farben 21 DLR 945; Mohanlal Harprassad Vs. Firm Lai Mohan AIR (1961) M.P. 237. Lawyers Involved: S. R. Paul with Khalilur Rahman—For the Appellants. Khandker Mahbubuddin Ahmed with A, K. Maintil Huq—For the Rcfpondtni No. 1. Appeal from Ori...... 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)
....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. ......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. ...... no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......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)
.... dissatisfied with the above award has preferred cross-objection in this appeal and has challenged the judgment and award to the extent they have been aggrieved. 6. Mr. Sultan Ahmed, the learned Deputy Advocate General appearing on behalf of the Government has challenged the basis of awarding c......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. ......Appellate Jurisdiction) Present: Syed Mohsen Ali J Siddique Ahmed Chowdhury J Bangladesh.................................Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18, 1977. Result: Th......th the above award has preferred cross-objection in this appeal and has challenged the judgment and award to the extent they have been aggrieved. 6. Mr. Sultan Ahmed, the learned Deputy Advocate General appearing on behalf of the Government has challenged the basis of awarding compensation at t..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....d to K.A. Qureshi but the latter deposed that he never requested the plaintiff to call for a receipt of Tie. 23,000.00 from defendant No. 1. An Information Slip, Ext. R, issued from the office of the Deputy Commissioner, Chittagong shows that a car of defendant No.1 was sold K.A. Qureshi on 4.7.72, ......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. ....... Islam—For Appellant (In F.A.No.16 of 1977). Syedlshtiaq Ahmed with Mahmudul Islam—For Appellant (In F.A.No.17 of 1977). Ahmed Subhan, with Ataur Rahman Khan, Fazlul Karim and Fazlul Huq—For Respondents (In both the Appeals.) Appeal from original decree No......elled the defendant's lease on the ground of non-payment of rent whereupon the plaintiff rushed to Calcutta and informed the defendant (No. 1) of this development., Defendant No.1 then executed a General Power of Attorney dated 30.9.72 in favor of the plaintiff authorising him thereby to do all ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....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. ......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. ......ul Matin Khan Chowdhhury J Md. Ajmal Khan………………………….......................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respondents Judgment August 17, 1977. ...... 14. Mr. Kamaluddin Ahmed appearing for the respondent No. 1 could not show us any provision of Martial Law which has been violated by the petitioner and for that matter the learned Asstt. Advocate General appearing for other respondents, could not lay his finger on any such law. In the premises t..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
.... 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 ...... 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 ......hellip;………Opposite Party Judgment August 15, 1977. Result: The two Rules are made absolute. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others 27 OLR 61 (Appellate Division) is evidently distinguishable. The case of Barada Prasanna ...... Act. According to him, the Presidential Order in question prescribed a limitation by excluding a period referred to therein and as such was a Special Law of Limitation excluding the operation of the General Law of Limitation. According to him, if the petitioner takes the benefit under P.O.12 of 197..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
.... the order of detention under rule, 5(1)(a) and the detention is, therefore, mala fide.
The learned Advocate has referred to few decisions which will be considered presently.
6. The learned Deputy Advocate General appearing for the respondents has argued that the detention orders were pass......beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
......wara Begum wife of Mr. Hannan (In Writ Petition No.267/77), Md. Abdu Gafur (In W.P. No.352/77), Anwar Mollah (In Writ Petition No.213/77).................Petitioners
Vs.
Govt. of Bangladesh and 2 others……………………………......tention under rule, 5(1)(a) and the detention is, therefore, mala fide.
The learned Advocate has referred to few decisions which will be considered presently.
6. The learned Deputy Advocate General appearing for the respondents has argued that the detention orders were passed with a view t..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
....de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......hellip;………………………..Petitioner
Vs.
Secretary, Establishment Division, Government of the People's Republic of Bangladesh and others........................................Respondents
Judgment
July 27, 1977.
......ny punishment inflicted in pursuance of such recommendation must be characterised as having been made without lawful authority and of no legal effect. The submission of the learned Assistant Advocate General Mr. Kazi Shafiuddin that sub-rules (4) and (5) have given ample opportunity to the petitione..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
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