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Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....n his discretion so orders, to the punishment of whipping.” Item 81 reads as follows: “If any person, without lawful excuse, the proof of which shall be on such person, acquires possession of or is in any way concerned in carrying, removing, depositing, harboring, keeping or co......sion their Lordships of the Lahore High Court considered a number of decisions, both of Indian as well as English, jurisdiction, and held thus: “The rule is fundamental both here and in England that where a right is created by a statute which also prescribes the manner in which that right......e party Judgment June 21, 1977. Result: The Rule is discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesford; Novel Vs. London Expre......a, who, however, rejected the revisional application preferred by the Government. Subsequent to that the Assistant Collector of Customs of Excise, Division I passed an order of seizure of the gold in question to the State under section 167(8-B) and 167(81) of the Sea Customs Act ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......ral and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
...... not applied its mind and, therefore, the detention is illegal and the detenu is improperly detained. Further, the detaining authority must show the materials which led to the passing of the order in question. Lastly, Mr. Huq has contended that the order of detention must give indication as to which..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......s section in respect of any premises unless, he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time fixed in the contract with his landlord or in the absence of such contract by the fifteenth day of the month next fol......owed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......ted the rent with the House Rent Controller on November 18, 1973 and has been regularly depositing rent. The trial Court decreed the suit on February 14, 1975 on the ground of default and on the question of bona fide requirement its finding was that it was concocted for the purposes of suit. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
......sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
.......
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
......
Khalilur Rahman—For the Respondents Nos.1 and 2.
Writ petition No. 957 of 1974.
Judgment
Shahabuddin Ahmed J.-This Rule under Article 102 of the Constitution calls in question an order dated 20.7.74 (Annexure C) of respondent No.1, the General Manager, Khulna Shipyar..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
...., Dacca, confirming in appeal an order dated 13.9.72 of the Sub-Divisional Officer granting lease of an enemy property to Respondents Nos. 5 to 7 rejecting the claim of the petitioner who has been in possession of the land as the lessee continuously for 5 years from 1373 to 1378 B.S.
2. There i......g in appeal an order dated 13.9.72 of the Sub-Divisional Officer granting lease of an enemy property to Respondents Nos. 5 to 7 rejecting the claim of the petitioner who has been in possession of the land as the lessee continuously for 5 years from 1373 to 1378 B.S.
2. There is no dispute that ......vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......tion under Article 102 of the Constitution of the People's Republic of Bangladesh.
Judgment
Shahabuddin J.— This rule under Article 102 of the Constitution calls in question an order dated 7.5.73 of the Additional Custodian of Enemy Properly (L & B), Dacca, con..
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ......any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ...... alleged removal of wheat was not possible and as such the Investigating Officer did not act properly in not submitting charge-sheet at least against these two persons. For proper appreciation of the question relevant portion of the impugned order is quoted below: “Member Ismail Miah was ..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......s to their part of destination by the above, or any other steamer or steamers, ship or ships, motor vessel or vessels either belonging to the Company or to other persons, and to tranship or land and store the goods either on shore or afloat to re-ship and forward same at the Company's ......ent and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......oods are free of the vessel's tackle and thereupon the goods shall be at the risk for all purposes and in every respect of shippers or consignee." The learned Counsel mentioned that the question raised in this appeal is now covered by a decision of the Supreme Court of Pakistan namely,..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
.... the defendants is directed against the judgment of the lower appellate Court affirming the judgment of the trial Court decreeing the plaintiff's suit for declaration of title and confirmation of possession of the disputed suit land. According to the plaintiffs the disputed jot belonged to ......nst the judgment of the lower appellate Court affirming the judgment of the trial Court decreeing the plaintiff's suit for declaration of title and confirmation of possession of the disputed suit land. According to the plaintiffs the disputed jot belonged to one Kasimuddin and Imaruddin bei...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ......nuddin by the sister of Imaruddin and widow of Kasimuddin who had also executed the patta on behalf on her two minor sons i.e. the present contesting defendant No.1 and 6. With regard to the patta in question both the Courts below came to a concurrent finding that by dint of the said patta the right..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ...... 2. Tahrul Karim alias Tuhurul Karim Khan Chowdhury filed an application under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous to the and transferred. In this application as many as 9 persons including the pre-e......llip;………..Opposite Parties Judgment June 7, 1977. Result: The Rules are discharged of. Cases Referred To- Matilal Sikder and Ors. Vs. Benodimi Dasi in 28 D.L.R. Appellate Division) 5; Jamiyat Ali vs. Mrs. Cheman Ara Begum 20 DLR 480; Jahiruddin Cai......pre-emption cases arose out of the same transfer dated 20.1.69. The pre-emptor in Misc. Case No. 4 of 69 came to court first. He was followed by the pre-emptor in the other case. The treatment of the questions raised in the appeals before the learned Subordinate Judge appears to cover both the appea..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
....bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
......bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
.......
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
......eral—For the Respondents.
Writ Petition No. 149 of 1971.
Judgment
Shahabuddin Ahmed J.—This Rule issued on an application under Article 98 of the late Constitution calls in question an order in appeal dated 17.3.71 of respondent No. 2 the Government the then Pakistan ..
Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ...... such highhandedness, if allowed to go unchecked will bring slur on the good name of the Government. The petitioner as the citizen of a free country is entitled Jo due protection under the law of the land. It is the inalienable right of a citizen that he cannot be deprived of his life and liberty ex......mation and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......er section 23(2) and 22(4) of the Act were not required in the present case and the assessment made was not beyond the period of limitation. 6. The Appellate Tribunal having refused to refer any question to the High Court under section 66(1) of the Act, the High Court was moved under section 66..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ...... at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ......tice for the petitioner was actually posted by anybody. 3. Before we take up the above noted points for consideration it appears that it would be pertinent to take up for consideration the basic question involved in this case, namely, whether the Labor Court is a Civil Court within the meaning ..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
....
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
......
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
...... make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
......the employee's conduct has been such as to demand an enquiry, from the discharge of his function until the enquiry has been completed. This power of an employer to suspend an employee can only be questioned in exceptional circumstances.
Where the authority empowered to suspend does not appl..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....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: ......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: ......osts. Ed. This Case is also Reported in: ......ort point of law involved in this appeal is whether the judgment of the Supreme Court of Pakistan pronounced on 6th October, 1971 during the Court of Liberation War is a valid decision. 2. The question arises from an order of the High Court of Bangladesh, passed on appeal from an order of re..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....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. ......e defendant, along with other reliefs. In the suit it was stated, inter alia, that Haji Mohammad Suruj Miah was the owner of the Vessel "M L. Jalamoni" who was carrying on his business of Inland Water transport under the name and style of Pioneer Navigation Company. Plaintiff respondent No......bsp; ......y for the accident. 10. In Appeal No.12 of 1967 by the defendant, Syed Azizul Haque, the learned Advocate appearing for the appellant in assailing the judgement under appeal raises the following questions for our consideration :- 1. The findings of fact arrived at by the learned Judge cann..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....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. ...... a proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act. 2. The case of the pre-emptors in Miscellaneous Case No.234 of 1966 was that they were owner of the land contiguous to the land under pre-emption. The same was sold by the opposite party No. 5 of that......so Reported in: 30 DLR (HCD) (1978) 417. ......esent Rule. Mr. Md. Abdul Haque, the learned Advocate, appeared in support of the Rule and Mr. M. Behter Ali appeared on behalf of the opposite party. Since the matter involved an important question of law Mr. M H. Khondkar, the learned Advocate, was requested to assist this Court on the p..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
.... 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.
......ish Companies, viz. River Steam Navigation Company Limited and Indian General Navigation Co. Ltd. referred to hereafter as R.S.N. Co. Ltd. and I.G.N. Co. Ltd., which carried on the business of inland water transport in the Provinces of Bengal and Assam of the then British India, in pursuance of......s that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
...... for the assessment year 1949-50, and that through mistake apparent from the record the loan accrued in India in earlier years was set off against the Pakistani income for the assessment year in question while giving effect to the appellate order. By the said order of rectification he reduced t..
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)
....he Act, 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: 31 DLR (HCD) (1979) 233 ......he Act, 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: 31 DLR (HCD) (1979) 233 ......t any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ......dvocate and very carefully examined the relevant provisions of the Act XII of 1974 and the constitution. Decision in this case as it appears to us mainly depends on the consideration of the following questions:- (1) Whether section 9(2) of Act XII of 1974 is violative of the protectio..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....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. ......ny order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ......vocates and very carefully examined the relevant provisions of the Act XII of 1974 and the Constitution. Decision in this case as it appears to us mainly depends on the consideration of the following questions:- (1) Whether section 9(2) of Act XII of 1974 is violative of the protectio..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
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