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Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....agraphs of which it has been stated: “(1) That in the original suit statement of facts was called from the Circle Officer (Revenue) concerned but the same was not received by the office in due time and as such written statement could not be filed in the suit. (2) That as the original con...... 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. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....lowing schedule shall be punishable to the extent mentioned in the third column of the same with reference to such offences respectively:- 8 (a) If any goods, the importation of which is for the time being prohibited or restricted by or under this Act, be imported into or exported from Pakistan......, 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
....tenu was indulging in political and criminal activity and he did and was about to do prejudicial acts and it is stated that if necessary the relevant records would be produced before the court at the time of hearing. As a point of law it was mentioned that the grounds of detention with the sections ......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.
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Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....ll be entitled to the benefit of this section in respect of any premises unless, he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time fixed in the contract with his landlord or in the absence of such contract by the fifte&sh......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....whereupon the petitioner moved this Court and obtained the Rule.
3. Custodian of Enemy Property entered appearance by filing an affidavit-in-opposition but none has appeared on his behalf at the time of hearing. Mr. Mohammadullah, the learned Advocate appearing for the petitioner has assailed t......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.
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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)
....izance is to be taken on the basis of the charge-sheet submitted by the police. All that it provides is that notwithstanding anything contained in the Criminal Procedure Code or any other law for the time being in force, the Special Tribunal shall not take cognizance of any offence triable under the......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. ..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)
....e suit. 6. It was observed by the High Court that "so far as the responsibility of the ship is concerned, according to the clause already quoted, it would appear to us to have ceased at the time that the general goods were disembarked at the outer anchorage from the ship on to lighter vess......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
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
.... in interest of the plaintiffs never possessed the suit land adversely to their interest within their knowledge. The contesting defendant No. 1 and 6 who were respectively aged about 21 and 19 at the time of trial of the suit were minors when the patta was executed In favor of Ayenuddin and the patt......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. ..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....p;if he had independent knowledge of the transfer or under section 96(4) if notice under section 96(3) (b) of the Act provides him with the knowledge of the transfer for the first time. This is deducible from the two-fold period of limitation prescribed under the two provisions. ......since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....86of 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 summons, notice, order or proclamation proceeding from any public servant leg......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. ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
.... holding that the petition under Order IX, rule 13 read with section 151 of the Code of Civil Procedure is barred by limitation, although the Labor Court should have held that the time would run from the date of knowledge of the order and not from the date of ex parte order obtai......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
.... Head Office as Manager under Director (T) Section to look after the work of Chittagong Zone in the pay and pay scale he was drawing at Crescent Jute Mills Company Limited. The Company had for a long time scheme of gratuity and a Provident Fund Scheme. The Corporation never took charge of these sche......owever, by its order dated 6.12.73 informed the petitioner that he is transferred to the Head Office as Manager under Director (T) Section to look after the work of Chittagong Zone in the pay and pay scale he was drawing at Crescent Jute Mills Company Limited. The Company had for a long time scheme ..
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)
.... Constitution Order which provided amongst others, that there shall be a High Court of Bangladesh, consisting of a Chief Justice and so many other Judges, as may be appointed by the President from time to time. The Provisional Constitution Order came into force "at once" i.e. on 11.1.72. ......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: ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
.... mortgagee in respect of the said vessel. The defendant trading under the name and style of "Madina Navigation Company" carried on the business of Inland Water Transport and at all material time was and is the owner of the vessel "M.L. Madina". The plaintiff-respondents suffered ......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
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....ellant, was neither a cosharer nor a contiguous land owner but was a stranger purchaser. The applicants came to know of the transfer on 24-8-1966. As such they have applied for pre-emption within the time prescribed, making the necessary deposit. 3. The transferee did not contest the case but f......circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417. ..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
....ciation of earlier years. This was objected to by the Assessee Company on the ground that the original assessment for the year 1949-50 having been made on 31.3.54 the purported rectification was time barred and it involved the reopening of the assessment for the years 1947-48 and 1948-49. The I...... 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.
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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)
....the impugned order having the effect of retrospective operation is bad in law. The petitioner also contends that it is not warranted by the law, as the order of retirement being between two points of time, that is the age of compulsory retirement and the age of superannuation, when the petitioner sh...... of Food and in such capacity continued to discharge his responsibilities from 3rd May, 1956 to 26th October, 1956 and was posted in the Town Rationing Office at Narayanganj and was placed in the pay scale of TK. 310-15-400 E.B. 18-540 E.B. 21-670, when he was promoted to the Rank of Inspector of Fo..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....e 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 supreme law-making body, to regulate the time of retirement of the government servants. How long the public servant would be continuing in se......r of Food and in such capacity continued to discharge his responsibilities from 3rd May 1956 to 26th October, 1956 and was posted in the Town Rationing Office at Narayanganj and was placed in the pay scale of Tk, 310-15-400-E.B.- 18-540-E.B.-21-670/-, when he was promoted to the Rank of Inspector of..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....ereafter several representations were made by the 5 partners of the firm representing 75/- of the interest of the firm as K.P. Mahmud who represented 25/- of interest of the firm was not here at that time. They made a prayer for release of the firm. On 6th January, 1973 a Section Officer 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. ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
.... President's Order No.90 of 1972. Before proceeding further the relevant provisions of this 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 l......der dated September 5, 1963 the Deputy Commissioner refused to grant the certificate. Reasons for his refusal were that some of the partners were Indian Nationals and did not actually carry any large scale farming. Though the appellant moved the High Court against this order of rejection under Artic..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
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