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Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....rt Division, involving similar question, were heard analogously and are being disposed of by this judgment. Leave was granted to consider the following question: “Whether in the facts and circumstances of the case termination of the services of the petitioner, who is ......ed by Mian Abdul Gafur, Advocate-on-Record - For Appellant (In Civil Appeal 62 of 1978). Dr. Ahmed Hossain, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record - For Respondents 1 and 2 (In both the appeals). B. Hossain, Advocate-on-Record - For Respondent No.3 (In Civi......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. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
...., any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.……&hell......#39;. It is upon such dissolution that the assets, right, liabilities, officers, employees of the dissolved Council shall stand transferred to the newly established Council. In this case, there is no evidence whatever that the Government has established any Council under the Ordinance.
9. Mr. S..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ...... M. H. Rahman J Meheruddin………………………………………Petitioner Vs. Govt. of Bangladesh and others…………Respondents Judgment February 24, 1978. Re......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
....K. M. Subhan J.—This application by the Commissioner of Sales Tax, Chittagong Zone, Chittagong is under section 17(1) of the Sales Tax Act as amended by Finance Order, 1972. The short facts necessary for appreciating the question of law arising out of the order of the Income Tax Appe..................Respondent
Judgment
February 17, 1978.
Result:
The application is rejected.
Lawyers Involved:
Mozammel Hoque Bhuiyan—For applicant.
Rafiqul Haque and T. Islam—For Respondent.
Application No. 169 of 1972.
Judgment
K. M. Subha......ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....bsp;11 of the Code of Civil Procedure filed by the defendants for the rejection of the plaint filed by the plaintiff-appellant wherein prayers were made for three declarations. 2. The short facts necessary for the disposal of this appeal are that the plaintiff filed a suit for declaration ......sion (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: The appe...... subject to the approval of the general meeting and if found necessary. The assertion in the plaint is that no election took place which certainly raises a question of fact which has to be decided on evidence in the suit itself. Reference in this connection may be made to article 107 of the articles..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
.... Chittagong under Section 66(1) of the Income Tax. Act, in this application the questions of law have arisen out of the Income Appellate Tribunal and run as follows: (i) Whether on the facts and in the circumstances of the case the Tribunal was justified in allowing insurance premium ......K.M. Sobhan J Abdul Momith Choudhury J Commissioner of Income Tax, Chittagong……………………Applicant Vs. Consolidated Tea & Lands Co. Ltd..........................Respondents Judgment February 16, 1978. Result......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
....tisfied that since the appeal arose out of partition suit, the suit could not have proceeded without the deceased appellant and respondent who were both defendants in the suit. Having regard to these facts and circumstances, I find no reason to reconsider my earlier decision in the matter. The ......ction) Present: Abdur Rahman Chowdhury J Abdul Motleb Khan & others………………………...Appellants Vs. Daud Ali Khan and others…………………………Respondent...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... of the Railway authorities after they had been acted upon for some time to the advantage of the petitioner. The case of Md. Shoib relied by Mr. S.R. Pal, does not appear to have any relevance in the facts and circumstances of the instant case. In that case after cancellation of a notification of ta......ction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: The ru...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....conciliator whereupon the dispute was referred to the Labour Court under section 9 of the Industrial Relations (Regulation) Ordinance, 1975. The learned Labour Court on consideration of the facts and circumstances of the case "allowed the case" of respondent No. 2 held that his o......M. H. Rahman J
General Manager, Urea Fertilizer Factory, Ghorashal, Palash, Dacca.........Petitioner
Vs.
Urea Fertilizer Factory Employees Union, Ghorasal Palash, Dacca and others....Respondents
Judgment
February 7, 1978.
Result:
The rule is made ab......di to raise an industrial dispute for cancellation of the order of transfer. His other ground is that the finding of the Labour Court that the order of transfer is mala fide is absolutely without any evidence but is based on mere surmise and conjectures. As to the judgment of the Appellate Tribunal,..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....of the Act. Their other contention is that the earlier order of review dated 5-9-72 which was passed by the Joint Registrar could be reviewed or revised by the Regular. 5. As it appears from the facts disclosed above, Respdt. No. 2 after availing of the provisions of appeal and review under the......rator under section 87 of the Act. 2. Facts of the case briefly stated are that the petitioner, M/S Progoti Khudra Babashayee Samabaya Samity Limited, a registered Co-operative Society and a member of respondent No. 2, Brahmanbaria Thana Central Co-operative Association Ltd. which is ......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
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. ......of Bangladesh...............................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; A.I.R. 1967, SC-1264; (P.L.D. 1958, S.C. Ind.) 2......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. ..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. ...... Bangladesh..................................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; Golam Sarkar Vs. Pakistan PLD 1962, S.C. 142; Md......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. ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
....ormalities and because of the procrastination of the Customs Department in settling the matter promptly. 9. The learned Advocates of the parties have not seriously challenged the findings of the facts of the trial Court; therefore the only Issue that calls for our determination In these appeals...... Civil Appellate Jurisdiction) Present: Shatiabuddln Ahmed J M.H. Rahman J Mr. Kalimuddin Ahmed.............................Appellant Vs. Federation of Pakistan and others..............Respondent Judgment January 31, 1978. Result: These appe......oper and legal? 6. Issue Nos. 1, 2, 3 and 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 au..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
.... were under the care and custody of the father when the mother was living far away in England and the observation by the learned Judge loses much of its importance when considered in the light of the facts and circumstances, of the instant case. On the contrary, facts disclosed before me in the peti...... Revision No.1263 of 1977. Judgment A.R. Chowdhury J.—This rule is directed against an order passed by the learned District Judge allowing the temporary custody of the minor son and daughter of the petitioner to the mother, the opposite party in this rule. 2. I have heard ......tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ......r Vs. Surjat Ali.......................Respondents Judgment January 20, 1978. Result: The appeal is allowed. Cases Referred to- 10 DLR 621; AIR 1945 Bombay, 45 and 67, AIR 1935, Calcutta 72. 13 DLR 89; AIR 1945 Bombay, 45; AIR 1935-Cal-792;AIR-1929, Lah, 596; ...... was not found to have been in possession within 12 years prior to the, filing of the suit. Mr. Serajuddin Ahmed has submitted that this decision of the learned Subordinate judge is entirely. without evidence in that no evidence was recorded in this suit but it was decided on preliminary, issues, it..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....; Co. Vs. Monmohan Chowdhury reported in 5 CWN 29 and the decision given therein an authority on the subject. For better application of the question raised before us we propose to discuss the law and facts o that case. 8. In that case a revenue paying estate Known as "Taraf Asad Mosed Khan......se is also Reported in: 31 DLR (HCD) (1979) 74. ......, by serving notice of annulment, by beat of drum and also filing a Rent Suit against one Keshab Ch. Das, a sub-tenant under the plaintiffs. The learned Subordinate Judge on consideration of the evidence both oral and documentary held that the sale was invalid having been held in contravention ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....; Co. Vs. Monmohan Chowdhury reported in 5 CWN 29 and the decision given therein an authority on the subject. For better application of the question raised before us we propose to discuss the law and facts of that case. 8. In that case a revenue paying estate Known as "Taraf Asad Mosed Kha......se is also Reported in: 31 DLR (HCD) (1979) 74. ......, by serving notice of annulment, by beat of drum and also filing a Rent Suit against one Keshab Ch. Das, a sub-tenant under the plaintiffs. The learned Subordinate Judge on consideration of the evidence both oral and documentary held that the sale was invalid having been held in contravention ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....ip owner. I, therefore, find no substance in the objections raised by the plaintiff in this regard. 4. Now coming back to the merits of the application, it is necessary to set out, in brief, the facts leading to the application. The plaintiff contracted with M/s. Eureasian Equipments and Chemic......Court Division (Admiralty Jurisdiction) Present: Abdur Rahman Chowdhury J Abu Bakr Siddique..........................................Plaintiff Vs. M.V. Aghia Thalassini and others.....................Defendants Judgment December 20, 1977. Result: Th......tsea Steamship Company Limited reported in 1912 Appeal cases page 1. In the said case the question arose as to whether the Arbitration Clause found in the charter party was applicable to the contract evidenced by the bill of lading and to disputes arising between the ship owner and the holders of th..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
.... Rule is directed against the order dated 25.2.75 passed by Mr.A.B. Sorkar, Additional Sessions Judge end Ex-officio Special Judge, Faridour in connect ion with Special Case No.4 of 1972. 2. The facts of thecase giving rise to the rule, in brief, are that in the Special Case No.4/72thekernedAdd...... is also Reported in: 30 DLR (HCD) (1978) 166. ......ot justified in forfeiting a re-cognizance under Section 502 of Act X of 1972 unless the party charged with a breach of the peace has had an opportunity to cross examine the witnesses upon whose evidence the Rule to show cause why the rc-cognizance should not be forfeited has been issued. ..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
.... Judgment A. S. Faizul Islam Chowdhury J.-This rule is directed against the order dated 3-7-75 passed by the Sub-Divisional Magistrate, Sadar, Sylhet in Misc. case No. 118 of 1975. 2. The facts of the case giving rise to the rule, in brief, are that the petitioner Maram Ali filed a petit......A.S. Faizul Islam Chowdhury J Maram Ali ………………………………………Petitioner Vs. The State and others.....................Respondents Judgment December 9, 1977. Result: th......of the same mouza was seized. Anyway, as the dispute was relating to land the learned Magistrate ought to have converted the case into a case under section 145 Cr.P.C. and, on production of evidence of the parties he ought to have decided on the point of possession. He ought not to have ma..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
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