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R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......of 1969.) or in any other law or any rule, regulation, bye-law, agreement, award, settlement, custom, usage or terms and conditions of services for the time being in force, the government may, with a view to implementing such recommendations of the Commission as may be accepted by if, by notificatio..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
....d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ......contest on 31.7.30 granting the plaintiff 6 annas 15 gondas share in the property in suit. There is nothing on record to indicate that the said preliminary decree was varied or altered on appeal or review. Meanwhile, Title Suit No.41 of 1973 has been instituted by the opposite party Nos.3 to 6 for d..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......ficult to meet the criticisms that have been leveled against the report and the evidence of the Chemical Examiner and also as to absence of reliable evidence about the cause of death by poisoning, in view of our foregoing discussion we hold that the part of the prosecution case as to the death of th..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ......roduced before the Returning Officer, Respondant No.1, when the petitioner had raised his objection and that this Amended Proclamation might have been brought about at a subsequent stage. But in view of the Bangladesh Gazette Extra Ordinary published by the Authority on 29-4-78 we cannot a..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......s was served has appeared Jo oppose the applications. The learned Attorney General has referred to certain provisions of the Proclamations and Martial Law Regulations and Orders and contended that in view of these Proclamations and Martial Law Regulations and Orders, the constitutional provisions as..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ......of Criminal Procedure which provides that when no Court is so mentioned, it may be tried by the High Court. Therefore, the High Court is the highest Court exercising criminal jurisdiction and in that view of the matter considering article 191 of their constitution the conclusion was thus :..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....sp;of the Code of Civil Procedure the Court of Appeal below erred in law in not allowing the plaintiffs to show that the finding of the trial Court on the question of title and adverse possession was erroneous. He has contended that without reversing the finding of the trial Court that the defendant......udicated by the appellate Court rights or causes of action which have been decided against him in the Court below and in respect of which he has filed no appeal or memorandum of objection." This view was followed in a number of decisions Mr. Chowdhury has cited some of them, particularly, Namad..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......below directed the plaintiff appellant to put in the deficit Court fee and to value the area at Rs. 1500/-. But the plaintiff neither paid the deficit Court fee nor valued the appeal as such. In that view if the matter the Court of appeal below dismissed the appeal and held that the appellant failed..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......x Act. As to the case in the Income-Tax Report-XIV of 1946, the decision therein is apparently inconsistent with that in the case of the Income Tax Report XXVIII of 1955. Be that as it may, these two views may be reconciled if the question of inter-connection and inter-dependence of the two firms is..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......ing of result of University examination. The function of the Academic Committee of the department inter alia, include Syllabuses and examination. Now in the present case if the Academic Committee, in view of the exigency of the situation, decided to give credit to the students on the basis of their ..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ......e lack of bona-fide unconscionable delay, gross and deliberate laches on the part of the plaintiffs in applying for amendment of the pleadings after four years of the institution of the suit. In such view of the matter, the impugned order allowing amendment of the plaint cannot be sustained in law. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......d Single Judge noticed two decisions of this court, namely, the case of Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291 and another on-reported decision in Criminal Revision No. 235/74, Apparently a view has been taken in 26 DLR 291 that without serving of notice upon the other petty and appoint a ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......d Single Judge noticed two decisions of this court, namely, the case of Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291 and another on-reported decision in Criminal Revision No. 235/74, Apparently a view has been taken in 26 DLR 291 that without serving of notice upon the other petty and appoint a ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ......true that for a co-sharer out of possession remedy lies in a partition suit. In this case the Court of appeal below, however, found that the plaintiff was in ejmaly possession with the defendants. In view of this finding the plaintiff cannot be pushed to a suit for partition. The order of the lower ..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....earned Munsif. For want of proper approach to the material question in the matter and non-appreciation of the evidence on the records', particularly the evidence of the D.Ws. he has arrived at an erroneous decision. In the present case, apart from merely asserting that the C.S. Khatian was wrong...... settlement operation actually began at the stage when the terms of the borga lease did not expire is based on no evidence. 12. Again the learned Subordinate Judge seems to have proceeded on the view that the term 'borgadar' itself is a negation of the-right of tenancy. I may refer to t..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......ii). It is true that both the appellants were permanent employees of the Bank but permanency of service makes no difference in the case of application of Sub-Regulation (ii) of Regulation 12. In view of the clear provisions in the Staff Regulations we do not find any substance in the contention..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)
....he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ......he counting by the Presiding Officers the Ballot Paper-Accounts prepared by them would also contain the same mistakes. There In, therefore, hardly any substance in the contention of Mr. Ahmed that In view of the divergence between the result of the recounting and the Ballot Paper Account, the recoun..Category: Election Law | Date: 17 Feb, 1978 | Hits: 7