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Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....ondents Judgment February 9, 1977. Result: The rule is discharged. Bangladesh Public Servant's (Retirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide power to pas......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......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ..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)
.... 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. ......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. ......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)
....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. ...... 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. ......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)
....onnection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405 ......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...... submitted charge-sheet. These are the evidences that were produced by the prosecution. 5. We have heard the learned Advocate who pointed out that the 2 witnesses who allegedly had witnessed the recovery were Haroon and Shamsul Huq. P.W.2 Haroon was not examined and no explanation was given for......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)
.... Bangladesh & 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 ...... 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 ......petitioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12 ......petitioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12 ..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....ttorney-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. ......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. ......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)
....fendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ......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. ......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
....otice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
......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.
......te prices of purchase in Cipher and sale price in the ordinary way on each article. At the time of cancellation of the license one inventory was prepared along with the price of goods. The plaintiffs arms price on the basis of the inventory. The learned Subordinate Judge rightly observed that during..
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)
....y 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. ......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......or information of the importers, bankers and other concerns. In pursuance of the aforesaid Order some more public notices were issued by the same authority laying the procedure for the recovery and the basis of calculation etc. of the price differential. It was submitted that the term...... 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)
....ury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......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 (......excise duty on certain quantity of sugar, which was disputed by the company and after depositing the money under protest brought an action In the Supreme Court of Queensland against the Collector for recovery of the sum so deposited. In the said action a question was referred for the opinion of the ...... under the Arms Act, 1898 (XI of 1878). 4. Offences punishable under the Explosive Substances Act, 1908 (VI of 1908). 5. Any offence punishable under any law committed being armed with fire-arms or explosive substances. 6. Any attempt or conspiracy to commit, or an- abetment of, or an..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....g 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. ......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. ......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)
....eals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......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. ......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)
....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. ......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. ......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
....
(Special Original Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Abdul Mannan................................Petitioner
Vs.
Ministry of Land Administration and Land Reforms,
Govt. of Bangladesh…………...............Respo......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
......
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
....pondents
Judgment
August 28, 1975
Result:
The Rule is made absolute.
Lawyers Involved:
Ahmed Sobhan with Md. Fazlul Karim and Tamijul Huq, Advocates—For Appellant
Md. Shamsul Huq Choudhury, Advocate—For Respondents Nos. 1 ...... 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
......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)
....ellip;….................Appellants Vs. The Special Tribunal No.1………...................Respondent Judgment August 14, 1975 Result: The application is rejected. Lawyers Involved: Abdul Hye Choudhury with Shah Mohammad Shar......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 ......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)
.... of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ......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. ......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
....Nos. 4 and 6.
Writ Petition No.20 of 1971.
Judgment
Fazle Munim J.— A rule was issued by this Court on 11th January 1971 calling upon the respondents to show cause why the order dated 2-8-69 passed by the Secretary, Revenue Department, setting aside the order of requisition of t...... 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
......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)
....is Case is also Reported in: 27 DLR (HCD) (1975) 655. ......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. ......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)
....s Case is also Reported in: 27 DLR (HCD) (1975) 683 ......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 ...... 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
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