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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
......, and on transfer to the' Corporation's Head Office a fresh appointment letter will be given to the individual incumbent and allow him continuity of service and for this personal file service records and Provident Fund account of the person concerned be also transferred to the Project of Cor......d rightly or wrongly the allegations against the petitioner to be serious. The order of suspension spells out the allegations, indicates the action that is proposed to be taken, namely dismissal from service, by the Corporation and has also given an opportunity to the employee to explain his conduct..
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: ......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: ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....aintiffs the crew of "M.L. Madina" were negligent in the navigation at the relevant time when the accident took place. Negligence of Crew are enumerated thus: (a) they failed to keep a good and adequate lookout'; (b) they were proceeding at an excessive speed; (c) they w......sinking "M.L. Jalamoni" was caused by negligence or breach of statutory duty committed by the Crew of "M.L. Madina" the learned Judge on an elaborate discussion of the evidence on record arrived at the finding that the accident took place while the vessel "M.L. Jalamoni".......M. due to negligent navigation by the crew of "M.L. Madina." 3. Plaintiff’s case, in short, is like this: On April 29, 1964 at about 7 P.M. "M.L. Jalamoni" a passenger service launch of under 25 gross tons, bearing registration No. M-1165 with a certificate of survey ..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. ......back to the learned Music for deciding the same In accordance with law and in the light of the observations made above. In the facts and 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) (......n 96(1) of the Act gives a cosharer of a holding or a contiguous landholder the right to apply for pre-emption. Such person has to file application for pre-emption within four months of the service of notice upon him and if no notice has been served upon him, within four months of the know..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.
......oner to be a non-resident Company, the loss accrued in India in earlier years would not be set off against Pakistani income 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 a...... 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.
..
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)
.... explanation, he submitted an explanation in which it was 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 stoc......ught in the trap conceived and designed in order to implicate him in departmental proceedings affecting his reputation as a fair and honest officer. The petitioner also submitted that in view of past record of service which is free from any blemish, the Government was not justified in coming to the ......tition No. 1025 of 1974 Judgment Ruhul Islam CJ.- In this application legality of the order dated 25th July, 1974 directing the compulsory retirement of the petitioner from his service under sub-section (2) of section 9 of the Bangladesh Public Servants' (Retirem..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
.... explanation, he submitted an explanation in which it was 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 stoc......ught in the trap conceived and designed in order to implicate him in departmental proceedings affecting his reputation as a fair and honest officer. The petitioner also submitted that in view of past record of service which is free from any blemish, the Government was not justified in coming to the ...... Judgment February 9, 1977. Result: The rule is discharged. Bangladesh Public Servant's (Retirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide power to pass laws r..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....petitioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12 ......it has stated that he had no occasion to be envious of the petitioner nor he ever nourished any grudge against the petitioner, as alleged. Moreover, from the fact and circumstances emanating from the records of the case, Dr. Chowdhury does not appear to have any reason to he envious of the petitione...... have been made without any lawful authority and of no legal effect. 2. Dr. Nurul Islam, an eminent physician of the country with distinguished background stated, his petition that he joined the service of the then Govt. of East Bengal in 1952 as Assistant Surgeon and by successive promoti..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......t as defined in section 21, Penal Code", and held:-"The true test, therefore, in order to determine whether a person is an officer of the Government, is: (1) whether he is in the service or pay of the Government, and (2) whether he is entrusted with the performance of..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ......II) Absence without leave for a period of seven consecutive days. * * * * * * In awarding judgment under these Rules due consideration will be given to the gravity of the offences, previous record of the employees, if any, other extenuating or aggravating circumstances that may exist. ...... Judgment Abdul Wadud Chowdhury J.- This second appeal arises out of a suit for declaration that the order passed by Sales Personnel Department, Bata Shoe Company dated 7.7.59 terminating the service of the plaintiff, a shop employee of the Bata Shoe Company was in violation of the provision..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
....in the then Province of Bengal in different capacities.
2. The case of the plaintiffs in brief was that it was a registered firm and had been carrying on whole-sale and retail business of cotton goods, woolen goods, silk goods, and hosiery goods etc. in the town of Chittagong at its own premise......ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
......schedule appended to the plaint for the good covered by the second requisition order. Notices under section 80 of the Civil Procedure Code were duly served on the defendants. As in spite of services of notices under section 80 of the Civil Procedure Code on the defendants, no com..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....of the legislative competence of the Central legislature in enacting Act III of 1967 which under Section 3 of the Act, sought to make legal the imposition of price equalisation surcharge on specified goods imported in any shipping period after April 22, 1966 and under Section 7 of the act legalised ...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......sions of the Act do authorise such imposition of price differential surcharge, the question has arisen whether from the very nature of the imposition which bears no resemblance to fees chargeable for services rendered, it can be termed a fee or it is a tax. For on reference to the provisions of Sect..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
.... 1962 Lahore 662 (F.B.). On going through the judgment we find that this decision also does not lend support to the contentions raised against maintainability of the appeal. The Full Bench reviewed a good number of decisions of the Superior Courts in England and this Sub-Continent. The principles of...... get Super quality saree for his trade and he was not taking the yam for black marketing. 4. Prosecution examined three witnesses- the Havildar who arrested the appellant, the Police Officer who recorded the. First Information Report and the seizure list witnesses. Defense examined no witness. ......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....e was terminated without any charge or stigma and it was termination simpliciter. A clear observation was made that the question of victimization on account of his trade union activities did not hold good on the examination of the impugned order. 15. The ratio decidendi of the two cited decisio......n the case of a trade union includes any member of the executive, but does not include auditor. It is to be noted that what constitutes 'executive' has not been defined. The evidence again on record does not show that Nurul Absar is a member of the Executive Committee. There is also no evide...... Chittagong district, employed Nurul Absar Chowdhury a clerk, Grade III from 1st June, 1964. He was subsequently promoted to Grade II, Garden clerk on 3-7-67. The appellant by a letter terminated the service of Nurul Absar under section 19 of the East Pakistan Employment of Labour (Standing Orders) ..Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
.... maintain an action in this country subject of an enemy state may, by residing or trading in an allied or neutral state, acquire a friendly or neutral commercial domicile, which will protect his goods if captured at sea from condemnation. A British born wife of an alien enemy separated from he......ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......o be bound by new agreement in the matter as on 27-11-67 by the sole Arbitrator. They held that it was sufficient, if a party accepted and acted on the agreement. They found that there was nothing on record to show that the Appellant raised any objection to the order of the Additional Deputy Commiss......es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
.... constitution.
In the result, there being no substance in the appeal it is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 72.
...... constitution.
In the result, there being no substance in the appeal it is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 72.
...... constitution.
In the result, there being no substance in the appeal it is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 72.
..
Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....appellants before 18.7. 55, 100 bales of gunny salt bags, each bale containing 400 bags, at the rate of Rs. 85/-per 100 bags inclusive of taxes. Under the contract, the defendants were to ship the goods in August, 1955 at the Karachi address of the plaintiffs, and payment was to be made on pro......Courts below found from defendants' paper Ext. E that, they on 19. 8. 55 at Chittagong sold salt gunny bags to another party at a particular rate. It was the nearest date of transaction brought on record. The High Court also hold that had there been any difference in market price between 19. 8. ......or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
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