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....d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
......d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
......der as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
......
Mohd. A. Aziz—For the respondents.
Writ Petition No. 384 of 1976.
Judgment
Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question the legality of an order dated 28-4-76 of the Chairman, Labour Court, Chittagong in Industr..
Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......t. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......Abdul Hamid Chowdhury—For Respondent No. 2. Writ Petition No. 765 of 1976. Judgment Shahabuddin Ahmed J. - This rule order Article 102 of the Constitution calls in question an order dated 18 12 76 of respondent No. 1. Registrar of Co-operative Societies, Banglades..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ......law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ......hmed—For the Respondents. Writ Petition No. 548 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communica..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ...... No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ......hmed—For the Respondents. Writ Petition No. 548 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communica..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
....d Issue No. 6 In the affirmative and issue No. 7 in the negative. On the evidence, both oral and documentary, on the record the learned Subordinate Judge held the Railway authorities were In unlawful possession of the consignments seized by the Customs Department and as they did not take care and pr....... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ......979) 146. ....... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......stances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......order dated 2-11-74 Ext. 11 implemented the said recommendation with effect from 1st October, 1974, whereas according to the recommendation as well as according to the Government's Office Memo in question the implementation was to take effect from 1st July, 1974. The order of the Management ..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ......appointment as guardian of his, minor children. The opposite party, the mother contested the case by filing written objection. It appears that the petitioner and the opposite party were married in England in 1966 and the daughter was born on 9th December, 1968 and the son was born on 26th March, 197...... is also Reported in: 30 DLR (HCD) (1978) 208. ......e person in whose custody admittedly they were, thereby unsealing their settled lives? It is not understood what compelling reasons were there for the learned Judge to pass the interim order when the question of custody is the only issue awaiting final decision by the court. In my opinion, it is jus..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....claimed to have purchased the suit land measuring a little over 3 acres within the vicinity of the Dacca Airport by a registered kabala dated 5.11.55 from one B.R.B. Basak and also to have gone, into possession thereof since then. But the defendants respondents whose predecessors-in-interest had bee...... the plaintiff has come in this appeal. 2. Facts of the case, so far necessary for disposal of the questions raised before us, are that the plaintiff-appellant claimed to have purchased the suit land measuring a little over 3 acres within the vicinity of the Dacca Airport by a registered kabala......-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ...... B.N. Chowdhury, Kazi Ebadul Hoque-For Respondents Nos. 1, 2(a) 2, (c) 3-7 Appeal from Original Decree No.14 of 1976. Judgment Suahabuddin Ahmed J. –This appeal calls in question a decree dated 28.1.75 of Mr. MA Rashid. Subordinate Judge, 1st Court, Dacca dismissing the..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... have been possessing the under-tenure interests in the other two under-tenures recorded in Khatian Nos. 512 and .514 under the plaintiffs Nos.8 to 18. These plaintiffs claimed to have been in actual possession of the land and some of them have got their homestead therein On 13.7.59 they came to lea...... Shahabuddin Ahmed J.- This appeal is directed against a decree of the Subordinate Judge, Second Court, Faridpur dated 31.3.61 passed la T.S. No. 10 of 1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in thei......M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......tensibly to one Kali Krishna Chakraborty and that Kali Krishna Chakraborty was his benamder Later on, defendant No. 1 got his name mutated in the Register-D of the Collectorate as the purchaser. This question of benami purchase has not been seriously challenged in this suit except a suggestion that ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....have been possessing the under-tenure interests in the other two under-tenures recorded in Khatian Nos. 512 and .514 under the plaintiffs Nos. 8 to 18. These plaintiffs claimed to have been in actual possession of the land and some of them have got their homestead therein On 13.7.59 they came to lea...... Shahabuddin Ahmed J.-This appeal is directed against a decree of the Subordinate Judge, Second Court, Faridpur dated 31.3.61 passed in T.S. No. 10 of 1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in thei......M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......stensibly to one Kali Krishna Chakraborty and that Kali Krishna Chakraborty was his benamder Later on, defendant No.1 got his name mutated in the Register-D of the Collectorate as the purchaser. This question of benami purchase has not been seriously challenged in this suit except a suggestion that ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ......ghia Thalassini and others.....................Defendants Judgment December 20, 1977. Result: The prayer is refused. Cases Referred To- Annefield's case, 1971 All England Law Reports page 394; Lord Esher M. R. Leduk & Co. Vs. Ward and others (1888) 20 Queen'......sp; ......elf or in the charter party. In support of his contentions Mr. Ishtiaq Ahmed has relied on a number of English decisions to which I shall presently refer. 9. There is no dispute that the ship in question carried a cargo of salt from India to Bangladesh whose ultimate consignee was the plaintiff..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 .......R. 1944 Calcutta 385. Lawyers Involved: Kailash Chandra Vs. Nanda Kumar, AIR 1944 Cal. 385 5. Md. NurulHuq with A.B.M. Khairul Haque—For the Petitioners. Khandaker Mahbubuddin Ahmed with Md. Shafiqur Rahman—For Opposite Party Nos.1 and 2. Civil Rule No. 620 of 1......isions of chapter VII of this part, or has exhibited under that Chapter an inventory or account which is untrue in material respect.” 4. We are not very much concerned at this stage on the question whether there is just cause for revocation or not. Section264 has an important bearing..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
....brief, are that the petitioner Maram Ali filed a petition under section 144 of the Code of Criminal Procedure in the Court of Sub-Divisional Magistrate, Sadar, Sylhet stating that he was in possession of the land described in the petition and he grow paddy therein, but the O.P. Nos. 2 and ......e petitioner Maram Ali filed a petition under section 144 of the Code of Criminal Procedure in the Court of Sub-Divisional Magistrate, Sadar, Sylhet stating that he was in possession of the land described in the petition and he grow paddy therein, but the O.P. Nos. 2 and 3 were preparing t......5 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
....tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
.......- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
...... while continuing in such tentative employment. Having received information, upon which the employer can reasonably rely, to the effect that the intending employee is unsuitable for the employment in question, the employer may immediately, refuse to go on with the contract and thus bring it to an en..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....nment for unauthorised occupation of 55.22 acres of land. In compliance with the said notice the appellant submitted a petition stating, inter alia, that out of the said 55.22 acres of land he was in possession of only 28.98 acres of land of which 17.67 acres were debuttor properties, 3.80 acres of ......ment of a Bench of the High Court of East Pakistan modifying, under Article 98 of the late Constitution of Pakistan two orders of the Sub-Divisional Officer Brahmanbaria, relating to lease of certain lands said to be enemy properties.
2. The Sub,-Divisional Officer, Bhahmanbaria. Respondent No.......n part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......uted lands which were enemy properties but directed the Custodian of the Enemy Property to look into the records properly and leave out the legitimate share of the appellant in the properties in question before taking possession of the shares of the Indian nationals.
5. Special leave was g..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....rminate, The trial Court had dismissed the suit. Additional District Judge on appeal had decreed it on a date when the period of licence had expired and the appellant (plff-Landlord) had the right of possession. It was premature when it was filed but the cause of action respecting which had arisen d......ection 96 of the State Acquisition and Tenancy Act started by the pre-emptors Wahab Ali and Chand Ali. On 26.12.72 one Aftab Ali son of late Badullah executed a kabala in respect of certain landed property in favour of the purchaser petitioner Aftab Mia son of late Mazar Ali. The pre empto...... November 25, 1977 Result: The Rule is discharged. Cases Referred to- Md. Meher Ali Mondal Vs.Md. Karam Ali Sarkar, 17 D.L.R. (Dacca) 365; Ram Chandra Lal and others Vs. Mst. Domini Kaur and others, A.I R. 1961 (S.C) 1747; Asmat Ali Sharif Vs. Mujahar Ali Sarder ,52 C.W.N. 64; ......ng refused to purchase the case land at asked for by the sellers and the purchaser to purchase the same, the purchaser at the request of the pre-emptors and the seller had to purchase the property in question within the knowledge of the pre-emptors and since then the purchaser-petitioner has been po..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ......s also Reported in: 31 DLR (HCD) (1979) 407 ...... pre-emption under section 24 of the Non-Agricultural Tenancy Act 1949 against the purchaser Md. Ibrahim Hossain and Mst. Delwara Begum wife of Md. Ibrahim Hossain respectively for sales in question, by Mohini Chandra Tarafder by deeds executed on 14.8.73 and registered on 21. 8. 73. The a..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......ssment of Urban Immoveable Property Tax. Assessment of Urban Immoveable Property Tax for the years from 1957-58 to 1962-63 was originally made without taking into account the valuation of oil reserve lands which form major portion, of construction of the Oil Depot. The omission was detected at the t.......M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......lawful effect. 4. Respondent No. 1 has entered appearance and filed affidavit-in-opposition to resist the Rule. In the affidavit-in-opposition it has been stated, inter alia, that the holding in question belonging to the petitioner is situated at mouzaGodnail under P. S. Siddhirganj and the sam..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....s for the maintenance of Essential services by the Tenant on the failure or neglect of the landlord to do so- (1) The controller shall, on application made to him in this behalf by any tenant in possession of any premises, cause a notice to be served in the prescribed manner on the landlord the...... Code clearly lays down that there can be no remand unless the conditions laid down in those rules exist…… (10-12) Deduction of the amount payable by the tenant to recover from the landlord— In case of urgency, the tenant may serve a notice in the prescribed form under ......a Murguba Khatoon..............................Petitioner Vs. Dewan Shahifur Reza Chowdhury & another...........Respondents Judgment August 29, 1977 Result: The rule in Civil Revision No. 345 of 1975 is discharged Other is disposed of. Order 41 rule 2...... the defendant who was a tenant under her. The defendant contested the suit by filing a written statement. His defense inter alia was that the plaintiff was not the exclusive owner of the premises in question and she was entitled to only proportionate rent and not the entire rental circuit. He also ..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
.... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. .......- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ......unction of general supervision and control ever the industrial enterprises placed under it; besides, as the plaintiff obtained the registration of the trade mark and is The owner of the trade mark in question it is in fitness of things that the plaintiff itself should bring action for any infringeme..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
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