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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......r. Sultan Hossain Khan, the learned Deputy Attorney General seriously Canvassed before us that Article 133 of the Constitution confers ample power upon the parliament to regulate by law the appointment and conditions of service of the persons in the service of the Republic. This power of t..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. Sultan Hossain Khan, the learned Deputy Attorney General seriously canvassed before us that Article 133 of the Constitution confers ample power upon the Parliament to regulate by law the appointment and conditions of service of the persons in the service of the Republic. This power of t..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...... of the first deed, so taken over the same on 20-1-1972. 2) Mr. Mujibur Rahman, Traffic Officer, the senior most officer of the Company and having operational experience has recommended for appointment as Sub-Administrator for looking after normal activities of the company. That the Respon..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......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
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 ......tion inasmuch as it amounts to removal of the petitioner from the post of Professor of Medicine without complying with the requirements under the said Article. Secondly he has contended that the appointment of the petitioner soon after the liberation of Bangladesh to the post of Director a..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......43 of that Chapter gives power to the Administrator to appoint Mutawalli in terms of the deed of waqf when there is no Mutawalli or where there appears to the Administrator to be an impediment to the appointment of a Mutawalli in terms of the deed of waqf or where the successor to the office of Muta..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
....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 ......t of this Ordinance shall, notwithstanding the expiration of the said rules, continue in force so far as consistent with this Ordinance and be deemed to be an order made under section 3; and all appointments made, license or permit granted and directions issued under any such order and in force..
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......inted by the Additional Deputy Commissioner who surveyed the two plot and submitted a report. The appellant disagreeing with the report filed a petition in the demarcation case on 19-9-67 praying for appointment of five persons named by him including Mr. Zainul Abedin Chowdhury, Administrative Offic..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
....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
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Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
.... 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
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Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
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