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Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)

....de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ..

Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5

Manager, Sonali Jute Mills Ltd Vs.Secretary, Sonali Jute Mills Workers Union, & others, 1977, 6 CLC (HCD)

....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. ......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

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

....e' that a suit is expressly barred if a legislation in express terms provides so. It is impliedly barred if a Statute creates a new offence or a new right and prescribes a particular penalty or a special remedy is provided by the statute, la such a case no other remedy can in the absence of evid......, 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.       ..

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)

....ty to prove the material 'justification of detention'. To quote again "Having regard to the fact that in such cases the materials upon which the belief is based will be mainly within the special knowledge of the detaining authority and not of The detenu, section 106 of the Evi......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)

.... Appeal No. 49 of 1977. (From the judgment and decree dated November 10, 1976 passed by the High Court Division in First Appeal No.37 of 1975.) Judgment Fazle Munim J.- This appeal by special leave granted on November 10, 1976 is against the judgment and decree of a Bench of the High......No. 49 of 1977. (From the judgment and decree dated November 10, 1976 passed by the High Court Division in First Appeal No.37 of 1975.) Judgment Fazle Munim J.- This appeal by special leave granted on November 10, 1976 is against the judgment and decree of a Bench of the High Court D..

Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60

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.     ......ngladesh (Respondent No.3) in the Ministry of Industries issued the Notification dated 19.12.73 as mentioned above fixing wages and fringe benefits including house rent allowance, medical allowances, leave etc. of workers of the state owned manufacturing industries like the Khulna Shipyard in exerci..

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)

....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.   ......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.   ..

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)

.... removal of the wheat was not possible and as such the I.O. does not seem to have any reason not to submit charge-sheet against these two persons, at least.” 9. While passing the order the special Tribunal referred Jo the above noted decision of this Court reported in 28 DLR 185. However,......y pointed out that apparently the Special Tribunal made a mistake in mentioning section 190(1)(c) of the Code of Criminal Procedure. Although in the manner the order was passed, it does not leave any scope for doubt that cognizance of the offence was taken under section 27(1) of ..

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)

.... the two High Courts. 8. Mr. Ahmed Sobhan, Counsel for the appellant, contended that the decision of the High Court of East Pakistan was wrong in­asmuch as it did not correctly interpret the special clause in the bill of lading which aimed at protecting the shipowners in the circums­tan......t that if necessary the goods will be transhipped to other vessels and the cost of conveyance will be borne by the shipping Company but the risk would be that of the shipper from the moment the goods leave the side of the original vessel." Further, the High Court observed that "accor­d..

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)

....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.     ......s accordingly allowed. But in the facts of this case there will be no order as to costs. The connected Civil Rule No. 118(s) of 1974 is also made absolute without costs. The respondents pray for leave to appeal under clause 15 of the Letters Patent. In view of the important question of Law invo..

Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2

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.   ..

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

M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)

....D of 1970. (From the Judgment and Order dated 1-12-1967 pas­sed by the Dacca High Court in Reference Case No.17/66). Judgment Debesh Chandra Bhattacharya J. — This appeal by special leave is against a judgment of a Bench of the High Court of East Pakistan disposing of a ref......0. (From the Judgment and Order dated 1-12-1967 pas­sed by the Dacca High Court in Reference Case No.17/66). Judgment Debesh Chandra Bhattacharya J. — This appeal by special leave is against a judgment of a Bench of the High Court of East Pakistan disposing of a reference u..

Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157

Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another

....d and it is not applicable in a case which ends in an order. In the instant case application under Order IX, rule 13 was filed before the Labor Court in connection with a proceeding under a special statute. In some decisions it has been held that Order IX, rule 13 may be applied ......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

Nazir Ahmed Vs. Bangladesh Jute Industries Corporation represented by its Chairman, 1977, 6 CLC (HCD)

.... In view of the above, the Rule is discharged. We do not make any order as to costs. Ed. Rahul Islam J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 196   ...... In view of the above, the Rule is discharged. We do not make any order as to costs. Ed. Rahul Islam J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 196   ..

Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2

Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)

....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.         ......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

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

....eal No.16 of 1973. (From the Judgment and Order dated 12.3.70 passed by the Dacca High Court in Writ Petition No.586 of 1967.) Judgment Debesh Chandra Bhattacharya J. - This appeal by special leave is against a judgment of a Bench of the Dacca High Court, discharging a Rule obtained ......6 of 1973. (From the Judgment and Order dated 12.3.70 passed by the Dacca High Court in Writ Petition No.586 of 1967.) Judgment Debesh Chandra Bhattacharya J. - This appeal by special leave is against a judgment of a Bench of the Dacca High Court, discharging a Rule obtained by the a..

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)

....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   ...... petitioner also submitted that the impugned order was passed by way of inflicting punishment is evident from the fact that the order is also to the effect that the petitioner will not be entitled to leave preparatory to retirement which is provided under section 10 of the Public Servants ..

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

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

....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.   ......(2) of paragraph 10 makes it clear that the protection as mentioned in sub-paragraph (1) shall not prevent the making of any law varying or revoking the conditions of service (including remuneration, leave, pension rights and rights relating to disciplinary matters) of persons employed at any time b..

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)

....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. ......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)

.... (Appeal from the judgment and order dated 18th June, 1974 passed by a Division Bench of the High Court in Writ Petition No. 306 of 1973). Judgment Ahsanuddin Chowdhury J. - This appeal by special leave is from the judgment and order of a Bench of the High Court Division, passed on 18.6.1......l from the judgment and order dated 18th June, 1974 passed by a Division Bench of the High Court in Writ Petition No. 306 of 1973). Judgment Ahsanuddin Chowdhury J. - This appeal by special leave is from the judgment and order of a Bench of the High Court Division, passed on 18.6.1974 in W..

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