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Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
.... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ...... Vs. Hajee Mohammedin & Co. reported in 8 DLR 719, that an application under section 151 of the Code does not lie where an alternative procedure for appeal has been provided by the Code. The same view has been taken in the case of Azizur Rahman Vs. Janata Bank reported in 28 DLR 252, to which on..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
....ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
......n signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to Provincial Government the Conciliator and such other person as may be prescribed". In this view of the matter the exercise of the jurisdiction of the Labor Court under section 36 wa..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
....not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ......provision of law which shows that the ex parte orders of the Commissioner for Workmen's Compensation can he challenged under Order 9 rule 13 of the Code of Civil Procedure. In this view of the matter, we do not find any substance in this appeal and it is dismissed without any orde..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
....d that the constitutional requirement as to this court being satisfied as to whether the detenu is being detained illegally is not available in a petition under section 491 Cr.P.C. Secondly erroneous invocation of rule 2(e) assuming it for argument's sake that so was it would not vitia...... of detention under the Emergency Powers Rules, 1975.
WHEREAS I, S.A.F. Chowdhury, District Magistrate and Deputy Commissioner, Jessore, having considered the materials, am satisfied that with a view to preventing Mr. KalipadaHazra, son of Late JogeshorHazra, village Dhaneshorgati, P.S. Salika,..
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. ......ding to law, the Courts below were wrong in relying upon the previsions of the said deed of agreement for their finding on the question of default. The learned Counsel has further argued that, in any view of the matter a large amount of unadjusted money as advance having been in the hands of the res..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.
......bargaining agent is the agent of workers and that it has right to represent the workers in all proceedings under the Ordinance.
5. On examination of these provisions of law we are clearly of the view that the collective bargaining agent which is a registered trade union of workers determined un..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
....ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......by the Additional Custodian on the basis of a Government Circular Instruction. The instruction was that in leasing out enemy property preference should be given Non-Muslim co-sharers. A petition of review of this order was also rejected whereupon the petitioner moved this Court and obtained the Rule..
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)
....has given elaborate reasons for taking cognizance of the case as against the petitioner. Obviously this cognizance has been taken und section 27(1) of the Special Powers Act, 1974, although erroneously mentioned under section 190(1)(c) of the Code of Criminal Procedure. I have al...... Anwarul Hague Chowdhury, Deputy Advocate-General—For Respondents No.2. Writ petition No. 248 of 1977. Judgment Ruhul Islam CJ.— This rule Nisi was issued with a view to examine the legality of the impugned order dated the 5th January, 1977 passed by the Additio..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. ......n repelling similar contention that the right and liabilities under the aforesaid rule attached to a period of time, observed that it attached to a contract or part of a contract. In elaborating this view Devlin J. observed as follow:— "It is not intended to specify a precise mo..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)
....ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ......in a position to know of or to resist acts of ouster and I cannot therefore understand how there could be overt acts amounting to open assertion of a hostile title against a minor.” 12. In view of the aforesaid principle of law laid down in the decision referred to above it can be unmista..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. ...... was aware of the transfer from before. 6. Both these cases were heard together and were disposed of by the same judgment. The trial court, on consideration of the materials on record was of the view that Misc. case No. 61 of 1969 at the instance of Abdul Hashim was not maintainable although th..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.
......e petitioner and that these are not public roads but are integral parts of the factory premises and that without these roads and drains, working of the factory itself would not be possible. This view was also taken by the respondent No. 2 who disposed of the appeal filed by the petitioner again..
Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3
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. ......Appellate Assistant Commissioner under section 31 of the Income Tax Act, there was no necessity for issuing a fresh notice under section 23(2) of the Act nor could the bit of limitation apply in view of the proviso to section 34(2) of the Act. 10. Under section 22 (1) of the Apt a person w..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. ......rt and another, (1967) 19 DLR 612. 5. From the decision in the case of M/s. M.M. Ispahani, it appears that a similar question was raised before a Division Bench. The Division Bench has taken the view that the Labor Court trying a complaint under section 25 of the East Pakistan Employm..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
......d the continuity of service. As the petitioner did not cease to be in service he illegally withdrew the gratuity and his entitlement from the Provident Fund without the approval of the Corporation In view of the unauthorised acts of the petitioner the Corpoation proposed to hold enquiry into the mat..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
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. ......hether Maritime Convention Act, 1911 was extended to British India. It has been held therein that the law having been extended throughout His Majesty's dominions, it extended to British India. In view of the Indian Independence Act, 1947 and the Transitional Laws passed by the Dominion of India ..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. ......(1) of section 96 lays down that section 96, amongst others, shall not apply to a transfer to a cosharer in the tenancy whose interest has accrued otherwise than by a purchase. In that view of the matter only transfer to a co-sharer by purchase or to a stranger falls within the purvie..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
....he Act, it is a kind of fresh assessment under the said section 23 of the Act.
After the discovery of the mistake, the taxing officer concerned shall have to decide if the said mistake led to an erroneous assessment and if he is so satisfied, he shall have to assess the taxable income of the as......ssed the writ application by their judgment dated 17-3-70 overruling the contention of the appellant that the order of rectification under section 35 of the Income Tax Act was time barred on the view that the original order of assessment of the Income-tax Officer became non est after the passin..
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 ...... stated that he had performed his duties in accordance with the practice in vogue therein. The duties assigned to him having been performed in good faith, the allegation of mala fide intention with a view to misappropriation of the excess stock of sugar and rice kept in the godown in what bags by fr..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. ...... stated that he had performed his duties in accordance with the practice in vogue therein. The duties assigned to him having been performed in good faith, the allegation of mala fide intention with a view to misappropriation of the excess stock of sugar and rice kept in the godown in wheat bags by f..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
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