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Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)

....J Abdul Wadud Sikder and others....................Petitioners (In C.R. No.176 of 1970) and (In C.R. Nos. 202 to 208 of 1970) Vs. State.........................................Opposite parties (In all the revisions) Judgment June 4, 1974. Result: The rules are made......ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237.   ......ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237.   ..

Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2

Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)

....uot; ''In lieu of 90 days notice the Company prefers to pay your wages for that period in addition to compensation at the rate of 14 days' wages for every complete year of service or part thereof in excess. " 3. It was asserted that the termination of the services of Aminu......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accor­dingly without any order as to costs. Ed. This Case is also Reported in: ......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accor­dingly without any order as to costs. Ed. This Case is also Reported in: ..

Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134

Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)

.... the petitioner. An application under section 115 (1) of the Civil Procedure. Judgment Mohammed Habibur Rahman J.—This is an application for issuing rule upon pre-emptor opposite party No.1 Zahir. Ahmed. Shah to show cause as to why the impugned order No.17 dated 25.1.84 in Misc......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160   ......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160   ..

Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1

Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)

....loo..............................Opposite Party Judgment January 22, 1974. Result: Rule is made absolute. Cases Referred to- Chittaranjan Sutar Vs. Secy. Judicial De­partment, 17 DLR 451;State Vs. Dosso, 11 DLR (SC) 1; Prov. of E.P.Vs. Md. Mehdi Ali Khan, 11 DLR (SC......to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1.   ......to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1.   ..

Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8

Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)

..... The Factories Act define a factory as "any premises including the precincts thereof whereon ten or more workers are working or were working on any day of the preceding twelve months and in any part of which a manufacturing process is being carried on with or without the aid of power.." ......from 1.9.65, the date on which the said Act came into force. The Respondent company, vide letter dated 16.2.69, rejected the claim of the petitioner on the ground that his working hours and over-time payment are regulated by the Factories Act and not the Shops and Establishment Act. The petitioner t...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244   ..

Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2

Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)

..... Bhattacharya J Rajendra Shirali and others ………............Petitioners Vs. Mahadev Shirali……………........................Opposite party Judgment      July 11, 1973. Result: The rule is......iction to extend the period of time after the suit had been dismissed owing to the operation of the default order. It has been held by the Supreme Court that when for the plaintiffs default in making payment of the correct amount within the time fixed by the appellate decree the suit had been dismis......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ..

Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1

National Bank of Pakistan, represented by the Supdt. of Admn. Local Principal Office, Motijheel, Dacca Vs. Third Lobour Court, Khulna, 1973, 2 CLC (HCD)

....ain acts for which he was first suspended and then a criminal prosecution was launched against him. This criminal case ended in the acquittal of the employee. The petitioner Bank thereafter took up departmental proceeding, framed two charges against him and he was asked to show cause. He showed caus......esire, to re agitate the matter before the Labor Court. We make no order as to costs. M.N. Huda J.- I agree.  This Case is also Reported in: 27 DLR (HCD) (1975) 158.   ......esire, to re agitate the matter before the Labor Court. We make no order as to costs. M.N. Huda J.- I agree.  This Case is also Reported in: 27 DLR (HCD) (1975) 158.   ..

Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1

Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)

.... binding on him. The respondent No. 2 also prayed for an injunction restraining the petitioner from proceeding further with his title Execution Case No. 25 of 1968. The Suit ultimately was decreed ex parte on 27-4-70. The petitioner thereafter filed a Misc. Case being No. 125 of 1970 in the 6th Cour......is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163   ......t; to this affidavit-in-opposition. This respondent thereafter purchased the said holding by a kabala dated 11-12-64 from his wife Mrs. Afioz Jahan. He is a Government servant and took house building loan of Tk. 5,808/- from the Government keeping holding in question in mortgage to the Government an..

Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4

Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)

....that suit land belonged to pro-defendant who told it to the principal defendant on 21st Jaistha 1366 B.S. for a consideration of Rs. 1250/- and on the same date an agreement was concluded between the parties to the effect that the principal defendant would reconvey the suit land to the pro-defendant......for a consideration of Rs. 1250/- and on the same date an agreement was concluded between the parties to the effect that the principal defendant would reconvey the suit land to the pro-defendant on repayment of the consideration money within 1376 B.S. This agreement was duly registered. Thereafter t...... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159     ..

Category: Property Law | Date: 8 Jan, 1973 | Hits: 2

Dinajpur Industries Ltd Vs. M/s. Hardeo Glass, Alu¬minium, Enamel & Sili¬cate Works, 1972, 1 CLC (HCD)

....nt August 10, 1972. Result: The rule is discharged. Lawyers Involved: Md. Joynul Abedin—For the petitioner. Shah Md. Sharif, H.K.Abdul Hye—For the opposite party. Civil Revision Case No. 580 of 1976. Judgment M. H. Rahman J.—This rule ......t be attracted in case of commercial or financial dealings with an agent under rule 181 of an enemy firm. Under rules 162 and 170 commercial or financial dealings may include among other transactions payment or transmission of money or performance of obligation to an enemy firm. Whether the obligati......el and Silicate Works, an enemy firm represented by East Pakistan Small Industries Corporation (hereinafter referred to as the 'EPSIC' for a decree of a sum of Taka 7, 24,559.20 on account of loan advanced and money spent on miscellaneous accounts by the plaintiff opposite party for the defe..

Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2

Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)

....nd an injunction was granted putporting to restrain the defendant from interfering with the plaintiff’s possession in a Tea Estate till disposal of the suit. The plaintiffs who are the opposite parties No.1-3 in this Rule have brought a suit being Title suit No.151 of 1970 in the 2nd Court of ......rained by an order of ad-interim. 4.  The defendants No.19 and 11 on be­ing served with notice appeared and filed a written objection in which they denied the ag­reement, receipt of payment of money and the plaintiff's possession of the Tea Estate, as pleaded by me plainnffs in......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ..

Category: Property Law | Date: 5 Jul, 1972 | Hits: 0

Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)

....nistrator of Waqfs, East Pakistan directing the petitioner. a) to render accounts of the Waqf estate for four years during which period he has stated to have worked as joint mutwalli with opposite party No.2 Bazlur Karim Chowdhury. b) to make over a sum of Rs. 70,433.33 paisa to the Waqf estat......nst the direction contained in clause (b) above the petitioner filed an application under Article 98 of the Constitution being petition No.604 of 66 and the direction of the Administrator of Waqf for payment of Rs. 70,433.33 paisa was cancelled and as against the direction contained in clause (c) ab......le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ..

Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167

Md. Ilyas Khan, Manager, Khan Bro­thers Ltd., Khulna Vs. 3rd Labor Court, Khulna, East Pakistan & another, 1972, 1 CLC (HCD)

....s Ltd. A new Union was also formed which was known as Khan Brothers Jute Press Workers' Union and the respondent No 2 was elected the General Secretary of this Union. He contended that the second party petitioner being annoyed with his activities suddenly terminated his services by the aforesaid......The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs. Ed. This Case is also Reported in: 24 DLR (1972) (HCD) 250   ......The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs. Ed. This Case is also Reported in: 24 DLR (1972) (HCD) 250   ..

Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181

Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)

....bsence of any prayer for khula divorce in the plaint, allowing such prayer may deny the defendant any opportunity of rebutting the same. The case is, therefore, remanded to the High Court so that the parties can amend their pleadings and the Court can frame specific issue on the said question and to......er and the wife will remain a Mullaqa. In the circums­tances, the High Court felt justified in following the appeal and granting a decree for disso­lution of marriage by way of Khula-conditional on payment of compensation. The judgment of the first appellate Court was, accordingly, set aside and t...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appel­lant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ..

Category: Family Law | Date: 11 Nov, 1970 | Hits: 195

Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)

....in his person and inflicted by his assailants on the date of the occurrence before his death. 7. The main question, however, that arises in this appeal is whether the two appellants had actually participated in the commission of the murder of Askandar Ali as claimed by the prosecution. It is to......eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in:  24 DLR (HCD) (1972)103 ......eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in:  24 DLR (HCD) (1972)103 ..

Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50

Shah Tazul Islam Rumel (Md.) Vs. Bangladesh, Represented By the Secretary Ministry of Home Affairs, 2015, 44 CLC (HCD)

....gonj Sadar, District-Habigonj are threatening the general people of that area and thereby forcing them to obey the "Fatwa" regarding wearing/using caps, shoes and umbrellas while crossing a particular place through the road which is passing through the said particular area of Sultanshi. It......ith the aforesaid discussions and observations, this Rule is disposed of. However, there will be no order as to cost. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 130 ......ith the aforesaid discussions and observations, this Rule is disposed of. However, there will be no order as to cost. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 130 ..

Category: Property Law | Date: | Hits: 0

Kamal Uddin Ahmed, Director, Holy Crescent Hospital Limited Vs. Chairman, National Board of Revenue, 2015, 44 CLC (HCD)

....the Ordinance are lawful and the Rule is, thus, liable to be discharged. 8. In view of the submissions as advanced by the learned Advocates/the learned Deputy Attorney General for the contending parties, the sole question to be decided in the Rule is the legality of the notices issued by the IA...... is dissatisfied with the order. So, the question of irreparable loss does not arise at all; that the instant writ petition is frivolous, vexatious, without merit and with malafide intention to avoid payment of Government revenue and, as such, the Rule is liable to be discharged. 6. Mr. Sarder ......shown in the return of the immediate preceding assessment year and-- (a) does not have any income which is exempted from tax; or (b) does not have receipt of Gift; or (c) does not have loan other than from a bank or financial institution; or (c) sum of ascertain of next wealth an..

Category: Fiscal/Taxation Law | Date: | Hits: 0

AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....ns in public employment connotes that persons placed in the same class or category are to be treated equally and cannot be discriminated merely on the ground of their placement and service in other departments. This is the well settled position of law, having been confirmed through several pronounce......of MPO to them. However, till date, their represen­tations have remained unanswered. 8. Ultimately, the petitioners sent a legal notice (Notice Demanding Justice) to the respon­dents for payment of the MPO to them within ten days receipt of such notice. Once again, there was no response......s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ..

Category: Administrative Law, Employment/Service Law | Date: | Hits: 5

Md. Siddiqur Rahman, Acctt/Funds & Claims & others Vs. The Board of Trustees, Port of Chittagong, and others, 1975, 4 CLC (HCD)

.... Cases Referred to- A.F.M. Abul Fateh PFS, Ministry of Ex­ternal Affairs, Govt. of Pakistan, Karachi Vs. Province of East Pakistan, represented by the Secretary Works, Power and irrigation Department and another 17 P.L.R. 475; Mustafa Ansari Vs. Deputy Commissioner, Chittagong Hill Tracts R...... is discharged. We, however, make no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 481       ......t from the date of their absorption in the Chittagong Port Trust. 2. Facts of the case, shortly stated are as follows: The petitioners were serving in the Chittagong Port Trust since 1-7-1960 as loanee staff of Pakistan Eastern Railway. In 1960 when the Chittagong Port Trust was formed some emp..

Category: Administrative Law | Date: | Hits: 1

M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)

....egistered office in Dacca, could not be considered at that point of time, to be absentee owners who were not otherwise available in Bangladesh. The next question that may follow therefrom is whether apart from the owners i.e. the company, the top management thereof was out of Bangladesh at the relev......cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551       ......cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551       ..

Category: Abandoned Properties Law | Date: | Hits: 7