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Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)

....zzaman seized one revolver and 4 live cartridges and one cycle chain in his presence. The S.I. prepared the seizure list and he put his signature on Ext. 2. In cross examination he stated that at the time of preparation of seizure list one P.R.O. of a Minister and one ex-C.U.C. were present. They al......e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405   ..

Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1

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

.... should be filled up by a Professor which ment that the post would carry with it teaching assignment and that the post would not be a non-practising administrative post but the then Govt. decided sometime in July 1969 to change the post of Director & Professor of the IPGMR into a non-practising ......cluding that of private practice, it was decided in the interest of public service with the concurrence of Finance Ministry to create a temporary non-practising post of Director for IPGMR on a higher scale of pay of Tk. 1800-100-2200/- plus special pay of Tk. 250% in lieu of the existing post of Dir..

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

Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)

....li, any other person appointed or entrus­ted by a mutawalli to perform the duties of a mutawalli, the guardian of a Mutawalli who is a minor or of unsound mind and any person or committee for the time being managing or administering any waqf pro­perty as such." 4. Section 21 of the......our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ..

Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147

Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)

....hus: (i) If an employee suffers from any protracted illness, he will not be discharged provided that illness does not exceed a period of six months and prior leave is taken from the Company from time to time. (ii) In case of any serious disease, however, unless the employee concerned is in......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262.     ..

Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3

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)

....ense of India Rules and Mr. K.C. Ghose prepared an inventory. In the requisition order it was expressly mentioned that compensation would be assessed according to the market price of the goods at the time. But no compensation has been paid or offered to the plaintiff of the articles relating to the ......ault, the decree will be executable after serving proper notice on the Government. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 355.   ..

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)

....ll expenses on account of Government fees, customs duty, sales tax, insurance, landing, clearing and other changes etc. in addition to the cost and freight. 16. It was also submitted that at the time of issue of price check certificate the rate of recovery of the price differential could not be...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..

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

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....p;30, the appeal is maintainable in this Court, because, (1) right of appeal was governed by the law under which the appellant was tried and convicted and not by the Jaw which was in existence at the time of filing of the appeal;(2) right of appeal being a vested right, the Language of sub-section (......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)

....not appear in Ext. A. where the names of the Executive Committee and other members of the union are there. It is to be remembered that the Company conceded before the Supreme Court of Pakistan at the time of praying for leave that he was a unit representative. The findings of the Court below are the......al is dismissed, but having regard to the facts and circumstances of the case and the question involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ..

Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137

Gurudas Saha Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)

....ant to appear in person and to produce his passport. Then on July 7, 1969, he appeared in person and produced his passport. This is a Pakistan passport, and it was claimed to be duly renewed from time to time. 3. Monoranjan Saha is the appellant of Civil Appeal No. 62-D of 1970. The f......ationa­lity, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ..

Category: Property Law | Date: 7 May, 1976 | Hits: 55

Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)

....nd on merit. He, however, failed to file objection within-thirty days as required by Article 158 of the Limitation Act and the Subordinate Judge by his order dated 28-12-68 held the written objection time barred. The Appellant acquiesced to this order but challenged the award on the ground that alte......es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ..

Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352

Karnaphuli Rayon and Chemical Ltd. Vs. Collector of Central Excise & Land Customs, East Zone, Chitttagong & another, 1975, 4 CLC (AD)

....ERGER, JACQUES ED­WIN. The greatest use of cellophane is for packaging food and tobacco, where trans­parency and moisture proof protection often are required. Weapons and muni­tions are sometimes wrapped in moisture proof cellophane to protect them from the whether Flame-resistant cellopha......duction of a strong, transparent film, Brandenberger coined the term "cello­phane" by combining parts of "cellulose" and "diaphane", the French word for "transparent". World War-I delayed large-scale deve­lopment. In 1920, a French company, La Cellophane, was formed, and a cellophane plant wa..

Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149

Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 1975, 4 CLC (HCD)

....l Huq, the learned Advocate for the respondent No. 6 in whose favor the impugned order stands submitted that as early as February, 1969 the lands in question were derequisitioned by the Govt. At that time the authority raised objections against derequisition but the Govt. did not maintain the order ...... The Rule is, accordingly, made absolute; We, however make no order as to costs. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 597 ..

Category: Property Law | Date: 2 Sep, 1975 | Hits: 3

Md. Shahabuddin Vs. Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Buildings, Dacca, 1975, 4 CLC (HCD)

.... 12. 72 and a copy of his application has been annexed to this petition and marked as Annexure 'A'. Finally, on 12.3.74 the petitioner filed an application for allotment of the space and this time he managed to get the recommendation of the 4 Trustees of the D. I. T. namely, (1) Mr. Gazi Gol......gly, made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J.-I agree Ed. This Case is also Reported in: 27 DLR (1975)(HCD) 649       ..

Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1

Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)

....ldquo;A Special Tribunal may on application or of its own motion direct a police officer to make further investigation in any case relating to an offence triable under this Act and report within such time as may be specified by it.” 4. The point raised for our consideration involves the i......tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550   ..

Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1

M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)

....amage towards compensation may be claimed in the event of breach which must be either, one which arises naturally in the usual course of things from the breach, or one which the parties knew at the time of contract to be likely to result from the breach. The liability of a defaulting party arise......or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76.  ..

Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240

The College of Music Vs. Secy. Revenue Depart¬ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others, 1975, 4 CLC (HCD)

.... Government which heard the respondents application set aside the order of requisition, his court cannot compel the Government to requisition property. Thirdly, the order of requisition was made at a time when private negotiations were continuing between the parties for purchase of the property by t......s order. In the result the rule is discharged without any order as to cost. Shahabuddin Ahmed J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 487   ..

Category: Property Law | Date: 30 Jul, 1975 | Hits: 3

Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)

....ip;Plaintiff/Respondent-Opposite Party  Judgment July 24, 1975 Result: The Application is rejected. An application for leave should not be entertained when the appeal is time barred. Case Referred To- Md. Sharif Khan Vs. Akhtar Hossain Khan, 5 D.L.R. at page 5......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed.   This Case is also Reported in: 27 DLR (HCD) (1975) 655.   ..

Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2

Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)

....ed on written objection and the date of hearing was fixed on 10. 6. 67 but on that date the defendant did not take any step, but it appears that the plaintiff filed an application for one month's time enabling him to produce witnesses and the Court recorded the following order: “Petit...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683   ..

Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1

Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus¬tody) Vs. The State, represen¬ted by Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Eden Bu¬ildings, Dacca, 1975, 4 CLC (HCD)

.... persons including late Fazlul Quader Chowdhury and that the accused Golam Ali was present during the occurrence. It may be mentioned that the informant who lodged the F. I. R. was not present at the time of occurrence. 3. A charge-sheet was submitted against the accused Golam Ali and 10 others......i be set at liberty at once. In the result, the rule is made absolute. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 517   ..

Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2

Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)

....hem, For, the Tribunal after considering the allegations regarding the various irregularities which were committed by the election authority, such as, whether there was suspension of election for sometime, whether poll was started at 7 A.M. instead of 8 A.M. and whether there was serious disturbance......ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577      ..

Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3