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Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)

.... Mr. Abu Taher Chowdhury, the learned Advocate appearing in support of the appeal has placed the judgment of the Courts below and has contended that the judgment of the Court of appeal below is not a proper judgment of reversal. 6. Mr. Anser Ali, the learned Advocate appearing for the responden...... High Court Division (Civil Appellate Jurisdiction) Present: Ranadhir Sen J Ibrahim Malitha & others.........................Plaintiff-Appellate Vs. Izahar Ali Mir and ano­ther.......................Defendants-Respondent Judgment June 28, 1977. ...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 2

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

....training 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 or further order or orders as to this Court may seem fit and proper. 2. Facts giving rise to the proceeding are as follows: A conditional agreement was reac......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 or further order or orders as to this Court may seem fit and proper. 2. Facts givi......ot; Therefore, this rule is made absolute and the order dated 16-8-73 passed by the Labor Court, Khulna, in I.R.O. Case No.395 of 1973 is set aside as being without lawful authority and is of no legal effect. We make no order as to costs. Muhammad Habibur Rahman J.- I agree. Ed. ..

Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3

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

....der section 51 of the Code of Criminal Procedure is elaborated in section 523 of the Code of Criminal Procedure. The Magistrate under this section has been empowered to return the property to the rightful owner after trial of the case. The power under section 523 is not......) (1978) 219.       ......st Court, Dacca. The plaintiff filed a suit for declaration that the judgment and order dated 28.7.73 passed by Mr. K. A. Hossain, Assistant Collector, Customs and Excise, Division J, is void, illegal and without jurisdiction. 2. The short facts are that the petitioner was tried before a M..

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)

....ore Central Jail should not be declared illegal and why he should not be brought before this court and set at liberty or such other or further order or orders passed as to this court may seem fit and proper. 2. The detenu Kalipada Hazra is the father of the petitioner. It is stated in the petit...... 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...... 1977. Judgment BadrulHaider Chowdhury J.—This rule is directed as to show cause why the detention of KalipadaHazra now being detained in Jessore Central Jail should not be declared illegal and why he should not be brought before this court and set at liberty or such other or further..

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

Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)

....show that the tenancy agree­ment was for twenty four months, (4) the de­fendant is a defaulter within the meaning of section 18 (5) of the Premises Rent Control Ordinance, 1963. 5. For a proper appreciation of the argu­ment advanced by the learned Counsel, re­levant clauses of t......howdhury J Kemaluddin Hossaian J DC Bhattacharya J Fazle Munim J Shamsuddin Ahmed…………………..Appellant Vs. Mohd. Hassan and others…………………….Respondent Judgment ......ers and had obtained a licence for running his hotel business in the premises, that the respondents were demanding salami or 25% shares in the hotel business and on his refusal to comply with their illegal demand the res­pondents threatend to evict him for the pre­mises and refused to accept..

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.     ...... 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......cate appearing on behalf of the respondents 1 and 2 has contended that the petitioner is not a "person aggrieved" within the meaning of Article 102 of the Constitution and that no legal right of the petitioner was affected by the impugned order and that the petitioner has got no ..

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

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

.... police report was of the opinion that without, the connivance and overt act of Ismail Member and Kalu Miah alleged removal of wheat was not possible and as such the Investigating Officer did not act properly in not submitting charge-sheet at least against these two persons. For proper appreciation ...... 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......howdhury, Deputy Advo­cate-General—For Respondents No.2. Writ petition No. 248 of 1977. Judgment Ruhul Islam CJ.— This rule Nisi was issued with a view to examine the legality of the impugned order dated the 5th January, 1977 passed by the Additional Sessions Judge a..

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)

....ed by these respondents that the ship carried coal in addition to general cargo but the general cargo, it was contended did not come in contact, with the coal in the ship. The goods were carried with proper care and caution and there was no negligence by the carrier ship. 4. The respondents Nos......ourt are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......s left the ship's side." 7. The plaintiff-appellant moved the Sup­reme Court of Pakistan against the judgment of the Dacca High Court, the point raised being as to what would be the legal effect of the incorporation of such a clause in the bill of lading upon which a difference of ..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357

Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)

....c. Case No. 4 of 1969 was served on Abdul Hashim under Order 5, rule 17 C.P.C. and the serving officer was not examined on oath under Order 5, rule 19 and accordingly there was no proper service on Abdul Hashim. 8. Mr. Rafiqul Islam, the learned Advocate appearing for the pe......Civil Revisional Jurisdiction) Present: Ranadhir Sen J Tahurul Karim @ Tahurul Karim Khan Chowdhury………………Petitioner Vs. Abdul Hashim and others……………………………........ot apply. Tahur who holds land contiguous to the land transferred having come to know of the sale applies for transferred of the land to himself u/s 96(1) and his application is found to be legally maintainable. Now, on-receipt of notice of Tahur's case Abdul Hashim stirs himself and a..

Category: Property Law | Date: 7 Jun, 1977 | Hits: 5

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

....to seek that the good name of the Government is not allowed to be tarnished by such irresponsible officers and such high-handedness is not repeated against a citizen, the protection of whose life and property is the sacred duty of the State. In the result, the rule is made absolute. The proceed......-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 ...... The petitioner has been charged under sections 174 and 186of the Penal Code. Now section 174 of the Penal Code reads as follow:- “Section 174, Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summo..

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

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

....the fil­ing of the return in respect of the accounting year ending on 30-6-51. The appellant having pointed out that the notice which had been is­sued under section 23(2) of the Act was not a proper notice in the case, the Income fax Officer insisted on the compliance with such a notice and ......Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......t was set aside by an order dated 24-9-55 on the ground, inter alia, that no reason having been given by the Income Tax Officer for imposing the new accounting year. Such forced accounting year was illegal and the case was remanded to the Income Tax Officer to deal with the case according to law. Th..

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

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   ......ion by the Corporation against the employee does not suffer from any infirmity An employer has the power to suspend temporarily an employee when the employee's conduct has been such as to demand an enquiry, from the discharge of his function until the enquiry has been completed. This power ...... challenged the order dated 8.2.74 of the Secretary, Bangladesh Jute Industries Corporation suspending the petitioner from his service as to have been passed without any lawful authority and is of no legal effect. 2. The petitioner's case is that he worked for 20 years in the Crescent Jute ..

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

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:    ......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 ......nd the appeal before the High Court be decided only after the decision given by the Appellate Division. The High Court, of course, gave no opinion on this question, and made its observation on the legal personality of the decree holder and dismissed the appeal. Now if the judgment of the Supreme..

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

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

....uot;M.L. Jalamoni" was not river-worthy and it was a condemned vessel and was unfit for service. The vessel "M.L. Jalamoni" was not manned by any Sareng or competent Crew and it lacked proper and adequate lights or reversing or stopping gears or warning devices. The vessel "M.L. ......149.         ......s of "M.L. Jalamoni". Plaintiff-respondent No. 2 claims a sum of Rs. 73,311/- by way of compensation for the total loss of "M.L. Jalamoni". Plaintiff-respondent No.1 served a legal notice through his lawyer on or about 21-8-64 to the defendant calling upon him to pay Rs. 65,..

Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4

M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)

....the land along with buildings for a consideration of Rs. 60,000/- to the Muslim Commercial Bank Ltd. by a registered deed of conveyance dated 6th April, 1948, and that the said Bank conveyed the said property to the petitioner. Since then the petitioner had been in ownership thereof after mutating i...... Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………………&......le 102(2) (a) and (ii) of theConstitutionof the People's Republic of Bangladesh. 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..

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

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

....efore the High Court Division was that there had never been a valid order of taking over control and management of the firm under Acting President's Order No.1 of 1972 and that the assets and the properties of the firm having not been abandoned properties within the meaning of Article 2(1) of Pr......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......and as such the impugned order dated 23-10-73 purporting to interfere with the possession and management of the firm in respect of its assets and properties was without lawful authority and was of no legal effect. 4. The High Court Division on examina­tion of the provisions of Article 2(1)..

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

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

....or of the East Bengal State Acquisi­tion and Tenancy (Amendment) Ordinance, 1956 (E.B. Ord. No.III of 1956), or of any other law making any amendment in the said Act, or of the acquisition of any property made under any provision thereof is challenged or called in question shall abate, and all o...... Case is also Reported in: 30 DLR (AD) (1978) 123. ......s enactment may be quoted: "2. Notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order, all suits, appeals, applications and other legal pro­ceedings pending or continuing or deemed to be pending or continuing in any court agai..

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

DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)

....e has contended that the appointment of the petitioner soon after the liberation of Bangla­desh to the post of Director and Professor of Medicine and the appointment having been made upon due and proper consideration of the entire matter and upon a decision not to con­vert the post of Direct......sh & others ……………..Respondents Judgment December 6, 1976. Result: The rule is made absolute. Case Referred to- The State of Jammu and Kashmir Vs. Triloki Nath Khosa and others, AIR 1174 SC1; State of Assam and others Vs. Kanak Cha......esgination of Professor of Medicine of the said IPGMR and to reiterate that the post of Dirctor is a non-practising one should not be declared to have been made without any lawful authority and of no legal effect. 2. Dr. Nurul Islam, an eminent physician of the country with distinguished backgr..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

.... cloths until further order. However, subsequently, on representation of the full facts before the District Magistrate Mr. M.M. Stuart I.C.S, he become convinced that the order was unreasonable and improper and so he cancelled the order prohibiting sale. On 4.3.45 the Kotwali police along with D.I.B......DLR (HCD) (1978) 355.   ......nite direction to the plaintiff to dispose of the unsold stock of requisitioned goods lying in its shop premises, Filing of the suit, in spite of the said order shows that plaintiff is after making illegal gain by this highly speculative litigation. The suit was at first tried by Mr. M. Z. Bukht. Th..

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)

....fferential should not be quashed and also why the other directions, as sought for the application, should not be made, or such other or further order or orders passed as to the Court may seem fit and proper. 9. Mention may be made that after Rules Nisi as above mentioned were issued, an Act nam...... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......ellants to show cause why the impugned Public Notices dated April 25, 1966 July , 12, 1966, August 19, 1966 and September 28, 1966 should not be declared to be without lawful authority and of no legal effect and why the appellants should not be directed to cancel, withdraw and/or rescind the le..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226