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Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ...... shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause why that action should not be taken.” Mr. Shafiuddin has referred to the record of the proceedings and submitted that a "reasonable" opportunity to show cause as r......ondent No.1, Government of Bangladesh, communicated under the signature of respondent 3, Joint Secretary, Establishment Division, compulsorily retiring the petitioner, a Circle Officer (Revenue) from service under rule 3(3)(b) of the Government Servants (Discipline and Appeal) Rules, 1976. 2. Facts ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ...... shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause why that action should not be taken.” Mr. Shafiuddin has referred to the record of the proceedings and submitted that a "reasonable" opportunity to show cause as r......ondent No.1, Government of Bangladesh, communicated under the signature of respondent 3, Joint Secretary, Establishment Division, compulsorily retiring the petitioner, a Circle Officer (Revenue) from service under rule 3(3)(b) of the Government Servants (Discipline and Appeal) Rules, 1976. 2. Facts ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
....livery of a consignment of cardamom sent on 19-4-57 from Pak HUH to Goalundo by the East Bengal Railway. In both the cases when the consignments reached Goalundo the Land Customs Offices detained the goods and reported the mattes on 10-6-S7 to the higher authority, The Customs Collector fined both t......nd 4 were not pressed at the time of hearing. The learned Subordinate Judge answered Issue No. 6 In the affirmative and issue No. 7 in the negative. On the evidence, both oral and documentary, on the record the learned Subordinate Judge held the Railway authorities were In unlawful possession of the...... their custody by criminals In connivance with the plaintiffs; the railway administration took precautions as required of a bailey while the consignments were in transit and it was contended that the service of notice under section 77 of the Act and that under section 80 of the C..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......sion the learned Labour Courts itself held that such a notification is necessary. This Act (Service Re-organisation Act) provides that the Government may prescribe any scale of pay for persons in the service of the Republic and employees of Autonomous Bodies. Statutory Corporations, Nationalised Ind..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....ion of a tenant-judgment debtor is effective to terminate the possession of such tenant." We fall to understand how this observation will help the appellant before us. Symbolical possession is a good as actual possession against a judgment debtor, and this principle of law was finally settled a......n their plaint is that plaintiffs Nos. 8-18 along with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of Faridpur Collectorate, This touzi has been recorded in R. S. Khatian No. 509 of mouza Bhsnnabari. There are three under-tenures of this touzi a...... Absence of the data of issue of the receipts Exb-C series and their subsequent disappearance raise question as to their genuineness Excepting the oral evidence of Deftd No. 1 there is no evidence of service of notice upon the plaintiffs As to announcement in. the locality by beat of drums it is aga..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....ion of a tenant-judgment debtor is effective to terminate the possession of such tenant." We fall to understand how this observation will help the appellant before us. Symbolical possession is a good as actual possession against a judgment debtor, and this principle of law was finally settled a......in their plaint is that plaintiffs Nos.8-18 along with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of Faridpur Collectorate, This touzi has been recorded in R. S. Khatian No. 509 of mouza Bhsnnabari. There are three under-tenures of this touzi a...... Absence of the data of issue of the receipts Exb-C series and their subsequent disappearance raise question as to their genuineness Excepting the oral evidence of Deftd No. 1 there is no evidence of service of notice upon the plaintiffs As to announcement in the locality by beat of drums it is agai..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....7.77 between defendant No.5 and defendant No.7 which included an Arbitration clause to refer all disputes to Arbitration in London. He has further argued that the plaintiff being the consignee of the goods under the bill of lading which was issued under the charter party was also bound by the Arbitr......ling an affidavit in opposition to which the defendants have filed a reply. I have heard the learned Advocates who have argued the matter at length and perused the petition and the affidavits on record. 2. At the outset I propose to consider and dispose of two preliminary objections ......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......ned District Delegate is directed to return the petition along with documents if any filed, to the learned Advocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......ge 658 wherein it has been held that there is a palpable distinction between bonds which are not and those which are for appearing before a Court. Proof other than is directly before the Court in its record is required in the former and not in the latter. Where the Court had before it the order for ......passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
....e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......cial. Moreover he also contends that if the order dated 3-7-75 is set aside the order of attachment order passed in the case under section 144 Cr.P.C. will revive. However on examination of record I could not find any order of attachment. Mr. Rafiqur Rahman in this connection points out to......e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
....tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......ice of a temporary employee, terminable at any time without any notice and without assigning any reason whatsoever, was held to have been bad as the order of termination referred to adverse political records against the servant but he was not given an opportunity to show cause as to the aspersion ma......he Court of Subordinate Judge, 1st Court, Dacca for a declaration that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacca Division, Dacca (defendant No. 2) terminating his service was void, invalid, illegal, ultra vires and without lawful authority and of not legal effect..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
.... The Sub-divisional Officer seems to have been swayed more with a kind of humanitarian sentiment in approving of the proposal of lease to landless refugees than with the objective of preservation and good management of the said property, as required under paragraph 3 of the Order referred to above. ......respondents were authorised to exercise necessary powers for taking possession of the disputed lands which were enemy properties but directed the Custodian of the Enemy Property to look into the records properly and leave out the legitimate share of the appellant in the properties in question b...... ensuring the security, the public safety and interest and the defence of Pakistan or for securing the maintenance of public order or the efficient prosecution of war or for maintaining, supplies and services essential to the life of the community. Subsection (2) enumerated certain specific sub..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ......ties at the request of the pre-emptors and the sellers, and the purchase was made within the knowledge of the pre-emptors. The trial Court, however, on consideration of the evidences and materials on record came to the conclusion that the purchaser-petitioner helplessly failed to prove that he has p......or to the admission of the appeal under Order 41 Rule 11 C.PC, is not held as not maintainable as there is no prohibition in Law (Order 41 r. 22) filing such cross-objection before the service of notice upon the respondent intimating that the appeal has been admitted under Order 41 Ru..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ......the purchasers petitioners had no reasonable ground for not making any appearance on the date fixed on 25.9.75 and thus have failed to prove their cases. It is apparent from his decision and from the records of the cases that he is wrong on the point as well. He believed even without medical certifi...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......es paid, the tax demanded without any objection. The petitioner, having already paid the tax assessed on the valuation of the oil storage tanks from 1963-64 to 1969-70 which was assessed after proper service of notices in 1970, the objection of the petitioner that re-assessments under rule. 10 of th..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ...... Result: The rule in Civil Revision No. 345 of 1975 is discharged Other is disposed of. Order 41 rule 23, 24 & 25 of the Code of Civil Procedure, 1908 Evidence on record is sufficient— No need for Remand Where the evidence on record is sufficient the a......able in view of section 21 of the Premises Rent Control Ordinance, 1963 which lays down as follows: “21. Making of repairs and taking of measures for the maintenance of Essential services by the Tenant on the failure or neglect of the landlord to do so- (1) The controller s..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
....ladesh Trade Marks (Invalidation and Summary Registration) Order, 1973; the plaintiff's Horse Brand' safety matches are of superior quality and has been enjoying a considerable reputation and goodwill in the market; that, defendant No.1, Bangladesh Match Company, has infringed the plaintiff&......nd is The owner of the trade mark in question it is in fitness of things that the plaintiff itself should bring action for any infringement to its right. Again, the Corporation having been brought on record as defendant No. 2. the competency of the plaintiff to sue through its manager could not be q...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....aside only on the ground that the Court, in violation of its own procedural rules, acted on an application which was not at the instance of a proper party, if the said order was otherwise a good order under section 115 of the Code. 8. The next point to be considered is whether th......rson on whose behalf an application under the said section can be filed. The power under section 115 of the Code is an extraordinary power which the High Court may exercise after calling for the records of any case which has been decided by any Court subordinate to High Court in which no appeal......Vs. Rajab Ali and others, Civil Petition No. 173 of 1977 decided on 18-7-77 and we have held therein that although section 115 of the Code of Civil Procedure does not contain any provision as to service of notice upon the opposite party against whom the order is sought to be made but it is incu..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ......e appeal being presented on 24-11-75 and heard on 4-5-77 under Order 41 rule 11 C.P.C. and cross objection in question being presented on 9-3-77, even before the admission of the appeal and service of the notice upon the respondent, the cross-objection (filed on 9-3-77) is no cross-objecti..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....ith the solemn responsibility for protecting his property the lease of which was cancelled in the meantime by the Military officer, he put his signatures on these papers without any hesitation but in good faith fully relying upon his friend the plaintiff. The plaintiff totally denied that he ever se...... appellant-defendant No. 4, while Mr. Ahmed Subhan learned Advocate has appeared for the plaintiff-respondent. We have heard the arguments of the learned lawyers for several days and perused the case record including the depositions of the witnesses and the documents proved in this. There is no disp...... per month for the first 10 years, Rs. 1950/- per month for the second 10 years and Rs. 2,600/per month for the third 10 years. Further, defendant No. 4 agreed to construct a petrol pump, filling and service station on this land and to offer dealership for sale of petrol to defendant No. 1. In pursu..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
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