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Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)

....al is allowed in part. Case Referred To- Bangladesh Vs. Fazlur Rahman, (1974) 26 D.L.R. 255;Bangladesh Vs. Abdul Mannan, (1977) 29 D.L.R. (S.C.) 17 Lawyers Involved: Sultan Ahmed, Deputy Advocate General—For the Appellant. M. A. Jalil—For the Respondents. A...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119.   ...... Appeal from Original Decree No. 262 of 1969. Judgment Shahabuddin Ahmed J.—This appeal is directed against an award dated 30. 11. 68 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Imp...... part. Case Referred To- Bangladesh Vs. Fazlur Rahman, (1974) 26 D.L.R. 255;Bangladesh Vs. Abdul Mannan, (1977) 29 D.L.R. (S.C.) 17 Lawyers Involved: Sultan Ahmed, Deputy Advocate General—For the Appellant. M. A. Jalil—For the Respondents. Appeal from Origi..

Category: Property Law | Date: 18 Jul, 1977 | Hits: 2

Abdur Rahman Vs. The State, 1977, 6 CLC (AD)

....734; Jaffar Ahmed Vs. State, 26 DLR 211. Lawyers Involved: Md. Moksudur Rahman, Advocate instructed by S. S. Huda, Advocate-on-Record—For the Appellant. Sultan Hossain Khan, Deputy Attorney General with B. B. Roy Chowdhury, Assistant Attorney General instructed by Abdur Ra......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257.   ......   ...... 28 Cal, 211; Peer Badsha Vs. State, 15 DLR (SC) 55; PLD 1963 (SC) 93; Peer Badsha Vs. State, 15 DLR (SC) 55; Abul Vs. Haji Abdul Gani, 14 DLR Dac. 511; PLD 1963 Dac, 618; Attah Md. Vs. Inspector General of Police, West Pakistan, PLD 1965 (W.P.) Lah. 734; Jaffar Ahmed Vs. State, 26 DLR 211. ..

Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72

Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)

.... Cases Referred to- Govind Rani Dasi Vs. Radha Ballabh Das, 15 C.W.N. 205; Ananda Mohan Kunda and others Vs. Province of East Pakistan and others, (1968) 20 D.L.R. 976; M.M. Ispahani Ltd. Vs. Deputy Custodian of Enemy Property and others (1968) 20 DLR 493. Lawyers Involved: S.R. Pa...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186.   ......adesh & others...........Respondents Judgment July 8, 1977. Result: The appealis allowed. Cases Referred to- Govind Rani Dasi Vs. Radha Ballabh Das, 15 C.W.N. 205; Ananda Mohan Kunda and others Vs. Province of East Pakistan and others, (1968) 20 D.L.R. 976; M.M. Isp......intiff. According to him it has cut the root of the plaintiff's case of right of possession as the wife of domesticated son-in-law. 11. Mr. Ismailuddin Sarkar, the learned Assistant Advocate General appearing on behalf of the respondent submits that by the "Anumati Patra" she has ..

Category: Property Law | Date: 8 Jul, 1977 | Hits: 2

M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)

....fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ......ed in: 30 DLR (HCD) (1978) 79.   ......for entertaining a case of a Government Servant on the allegations upon which a departmental enquiry has already been concluded and disposed of? 8. Mr. M.M. Haque, the learned Assistant Advocate General, appearing for the respondents submitted with reference to Sub-Rule (2) of Rule 10 of the Go..

Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3

Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)

....l Revisional Jurisdiction) Present: K M Subhan J ATM Afzal J Tasir Ahmed and others………………Petitioners Vs. People’s Republic of Bangladesh represented by the Deputy Commissioner, Barisal…………………Respondents Judgment June 28, 1977. ...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ......his Case is also Reported in: 50 DLR (HCD) (1998) 109. ......s Ltd. Vs. Hajee Mohammedin & Co., 8 DLR 719; Azizur Rahman Vs. Janata Bank, 28 DLR 252. Lawyers Involved: Shahid Alam, Advocate - For the Petitioner. Sultan Ahmed, Deputy Attorney-General - For the Respondent. Civil Revision Case No. 627 of 1973. Judgment K M Subh..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 60

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

.... 403 of the Code of Criminal Procedure and as such the order should be declared to be of no legal effect in the suit filed by the plaintiff-petitioner. 5. Mr. Sultan Ahmad, the learned Deputy Advocate-General appearing for Government- opposite party has, on the other hand, contended t......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ......) (1978) 219.       ......f the Code of Criminal Procedure and as such the order should be declared to be of no legal effect in the suit filed by the plaintiff-petitioner. 5. Mr. Sultan Ahmad, the learned Deputy Advocate-General appearing for Government- opposite party has, on the other hand, contended that the Sea Cust..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....not confer any such power on such authority. It is stated further that the detention is not in accordance with law and therefore, he is being detained illegally and improperly. 3. The Additional Deputy Commissioner (General), Jessore has sworn the affidavit on behalf of the respondents and stat......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.   ...... Special Jurisdiction) Present: BadrulHaider Chowdhury J M.H.Rahman J Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra.............. Petitioners Vs. The State and others.................................................OppositeParty Judgment June 21......ower on such authority. It is stated further that the detention is not in accordance with law and therefore, he is being detained illegally and improperly. 3. The Additional Deputy Commissioner (General), Jessore has sworn the affidavit on behalf of the respondents and stated that he dealt with..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1

Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipyard and two others, 1977, 6 CLC (HCD)

....sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ......sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ...... Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Khulna Shipyard Employees Union (Registered No.441) Matiakhali, Khulna.......Petitioner Vs. General Manager, Khulna Shipyard and two others...................Respondents Judgment June 17, 1977. Result: Th......inal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Khulna Shipyard Employees Union (Registered No.441) Matiakhali, Khulna.......Petitioner Vs. General Manager, Khulna Shipyard and two others...................Respondents Judgment Ju..

Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1

Habibullah Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra¬tion & Land Reforms, Bangladesh & others, 1977, 6 CLC (HCD)

....................Respondents Judgment June 10, 1977. Result: The Rule is discharged. Lawyers Involved: Mohammadullah—For the Petitioner. Anwarul Huq Chowdhury, Deputy Advocate General—For the Respondents. W.P. No. 98 of 1974. In the Matter of ......ed without any order as to costs and the order of stay is vacated. Abdul Matin Khan Chowdhury  J.-I agree, Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 47.   ...... Shahabuddin Ahmed J A. Matin Khan Chowdhury J Habibullah........................................Petitioner Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra­tion & Land Reforms, Bangladesh & others.......................................Respondents Judgment June 10, 1977. Result: The Rule is discharged. Lawyers Involved: Mohammadullah—For the Petitioner. Anwarul Huq Chowdhury, Deputy Advocate General—For the Respondents. W.P. No. 98 of 1974. In the Matter of An application u..

Category: Property Law | Date: 10 Jun, 1977 | Hits: 2

Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)

....rshed Alam Vs. The State, (1975) 27 D.L.R. 111;19 D.L.R. (S.C.) 426. Lawyers Involved: Mujibar Rahman with Md. Abdul Matin, Advocates–For the Petitioner. Anwarul Hague Chowdhury, Deputy Advo­cate-General—For Respondents No.2. Writ petition No. 248 of 1977. ......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ...... Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Md. Kalu Bhuiyan@ Kalu Miah................................Petitioner Vs. Special Tribunal No.II, Comilla and another.............Respondents Judgment June 9, 1977. Result: The rule is d......ate, (1975) 27 D.L.R. 111;19 D.L.R. (S.C.) 426. Lawyers Involved: Mujibar Rahman with Md. Abdul Matin, Advocates–For the Petitioner. Anwarul Hague Chowdhury, Deputy Advo­cate-General—For Respondents No.2. Writ petition No. 248 of 1977. Judgment Ruhul I..

Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2

M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and ano­ther, 1977, 6 CLC (AD)

....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. ......ourt 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

Amin Jute Mills Ltd Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others, 1977, 6 CLC (HCD)

....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.   ......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.   ......Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Amin Jute Mills Ltd.......................................Petitioner Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others......Respondents Judgment May 5, 1977. Result: The rule is made abso......Judgment May 5, 1977. Result: The rule is made absolute in part. Lawyers Involved: M. Hafizullahfor H.K. Chowdhuary—For the petitioner. M. M. Huq, Asstt. Attorney-General—For the Respondents. Writ Petition No. 149 of 1971. Judgment Shahabuddi..

Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3

Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)

....f a firm named, M/s. Bangladesh Decorators situated in Barisal and carried on the business of supply of tables, chairs, utensils etc. on hire. On 30-1-76 a letter purported to have been issued by the Deputy Commissioner, Bakarganj and signed by someone on behalf of the Deputy Commissioner was served......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. ......-divisional Magistrate, Sadar, South, Barisal. 2. Facts leading to this rule, in brief, are that the petitioner was the proprietor of a firm named, M/s. Bangladesh Decorators situated in Barisal and carried on the business of supply of tables, chairs, utensils etc. on hire. On 30-1-76 a letter ......n record to show that there was any such requisition. On the contrary, the petitioner has annexed to this petition "Annexure F", a letter from the Additional Deputy Commissioner who was the General Secretary of the Exhibition Committee dated 14-2-76 requesting him to supply 1000 chairs for..

Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1

M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)

....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:    ......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:    ......ourt Appellate Division (Civil) Present: Ahasanuddin Choudhury J Kemaluddin Hossain J Fazle Munim J M/s. Jamal Jute Baling and Co..........Appellant Vs. M/s. M. Sarkies and Son..............Respondent ....... S. M. Shamsuzzaman, Advocate-on-Record- For the Appellant. Ismailuddin Sarkar, Advocate instructed by Abu Backkar, Advocate-on-Record- For the Respondent. K.A. Bakar, Attorney General with A. W Bhuiyan, Assistant General, instructed by A. Rab, Advocate-on-Record under Order ..

Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320

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

.... 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. ...... 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. ......d. This Case is also Reported in: 30 DLR (AD) (1978) 260. ...... of Pakistan. 2. The appellant a Company incorporated in Pakistan in 1959, took over on 1.1.1961 the business of the two British Companies, viz. River Steam Navigation Company Limited and Indian General Navigation Co. Ltd. re­ferred to hereafter as R.S.N. Co. Ltd. and I.G.N. Co. Ltd., which..

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)

....desh and another A.J.R. 1954 S.C. 369.; Parshotam Lal Dhingra Vs. Union of India P.L.D. 1958 (S.C.) 217. Lawyers Involved: Syed Manzurul Ahsan-For the Petitioner. Sultan Hossain Khan, Deputy Attorney Ge­neral—For the Respondents. Writ petition No. 1025 of 1974 &nb......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   ......Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Respondents Judgment February 9, 1977. Re......ided in section 9(2) of the Act, and as such the order cannot be an order as contemplated under section 10 of the Act. 5. Mr. Sultan Hossain Khan, the learned Deputy Attorney General seriously Canvassed before us that Article 133 of the Constitution confers ample p..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1

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

....ained. The improved order minus the portion quoted above is found valid in law…….(13) Lawyers Involved: Syed Manzurul Ahsan—For the petitioner. Sultan Hossain Khan, Deputy Attorney-General—For respondents. Writ Petition No.1025 of 1974. Judgment ......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.   ......tirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide power to pass laws regulating the terms and conditions of service. It is the inherent right of the Parliament and for that matter of the sup......ved order minus the portion quoted above is found valid in law…….(13) Lawyers Involved: Syed Manzurul Ahsan—For the petitioner. Sultan Hossain Khan, Deputy Attorney-General—For respondents. Writ Petition No.1025 of 1974. Judgment Ruhul Islam CJ..

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)

....angladesh. Judgment Ruhul Islam CJ.– In this application the petitioner has made the grievance that about the legality of the Order dated 22nd September, 1973 passed by the Additional Deputy Commissioner, Dacca purporting to resume the land in holding No. 118, Segun Bagicha, P.S. Ram......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. ...... Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………………&......ts Judgment February 3,1977. Result: The Rule is made absolute. Lawyers Involved: M. H. Khandker with M. B. Rahman–For the Petitioner. Mostafa Kamal, Advocate-General with Quazi Shafiuddin Ahmed and A. H. Md. Saadat Ali Khan—For the Respondents. Wr..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

Bang­ladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)

.... the Constitution, Respondents 1 and 2 challeng­ed two orders—one Contained in a Notification dated 6.1.1972 issued by the Ministry of Communication and another dated 23.10.1973 made by the Deputy Secretary, Ministry of Shipping, Inland Water Transport and Aviation, Govern­ment of the ......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. ......e Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bang­ladesh and others……………..Appellants Vs. M/s. Speedbird Navigati......975) 27 DLR 423; M/s. Helal Jute Press Ltd. (1975) 27 DLR 551; Govt. of Bangladesh vs. Messres A. T. J. Industries Ltd. and others,(1976) 28 DLR 120. Lawyers Involved: K. A. Bakr, Attorney-General with Abdul Wadud Bhuiyan, Assistant Attorney General, instructed by B. Hossain, Advocate-on-..

Category: Others | Date: 27 Jan, 1977 | Hits: 217

M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)

....al is allowed. Lawyers Involved: Md. Fazlul Karim with S.S. Haldar and A.Y. Musiuzzaman, Advocates instructed by B.C. Pandey, Advocate-on-Record-For the Appellant. Sultan Hossain Khan, Deputy Attorney General with Md. Ismailuddin Sarkar and B.B. Roy Chowdhury, Assistant Attorney Gener......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ...... Case is also Reported in: 30 DLR (AD) (1978) 123. ...... Lawyers Involved: Md. Fazlul Karim with S.S. Haldar and A.Y. Musiuzzaman, Advocates instructed by B.C. Pandey, Advocate-on-Record-For the Appellant. Sultan Hossain Khan, Deputy Attorney General with Md. Ismailuddin Sarkar and B.B. Roy Chowdhury, Assistant Attorney General, instructed b..

Category: Property Law | Date: 20 Jan, 1977 | Hits: 62