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M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....the aforesaid order of removal the petitioner made a representation before the President of the People's Republic of Bangladesh praying for justice but no reply was given to him. 3. On these facts the petitioner submitted that he having once been proceeded with for the alleged offence in ac......ed in: 30 DLR (HCD) (1978) 79. ......ic, Sub-Divisional Engineer, and the two petitioners namely, M.A. Khaki-mullah and Abdul Hakim, Sectional Officers, to the Second Screening Board,. The Second Screening Board after considering of the evidence recorded by the Board found the two Sectional Officers guilty of the charges and recommende..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
....t injunction against the defendant restraining them from interfering with the easement right claimed in respect of the suit land. 2. The suit was contested by the defendants denying the material facts. According to the defendants the suit land belonged to ex-landlord in khas. Although it was pr...... High Court Division (Civil Appellate Jurisdiction) Present: Ranadhir Sen J Ibrahim Malitha & others.........................Plaintiff-Appellate Vs. Izahar Ali Mir and another.......................Defendants-Respondent Judgment June 28, 1977. ......e suit land as pathway. Hence they are entitled to retain the same right which has been acquired by them by long user". 3. In reaching this conclusion the learned Munsif considered the oral evidence of the parties. The oral evidence adduced by the defendant, according to the learned Munsif..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....the 2nd Court, Bakerganj in Miscellaneous Case No.21 of 1973 filed under Order 9, rule 4 read with section 151 of the Code of Civil Procedure. 2. In this Rule we think it necessary to detail the facts because we intend not to interfere, in the exercise of our jurisdiction under section 115 of t......his Case is also Reported in: 50 DLR (HCD) (1998) 109. ...... 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. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
....cause that would mean payment of few lacs of taka to the workers and prayed for vacating the ad-interim order that was granted by the Court on 25-7-73. The learned Labor Court on consideration of the facts and circumstances of the case came to the conclusion that the workers union, the first party, ......Labor Court at Khulna, in IRO Case No.395 issuing temporary injunction restraining the petitioner from stopping payment of the bona fide granted to the workers on the basis of agreement dated 25-7-77 and for such or further order or orders as to this Court may seem fit and proper.
2. Facts givi......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.
..
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. ......orkmen's Compensation, in Workmen's Miscellaneous Case No.76 of 1974. The respondent having been injured, filed a miscellaneous case under Workmen's Compensation Act for compensation and the Commissioner passed an award of compensation amounting to Tk. 8,400/- declaring that the emp......e said act, provided for the power and procedure of Commissioner and it vests the Commissioner with the power of a Civil Court under the Code of Civil Procedure only for the limited purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the production of docum..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....or declaration that the judgment and order dated 28.7.73 passed by Mr. K. A. Hossain, Assistant Collector, Customs and Excise, Division J, is void, illegal and without jurisdiction. 2. The short facts are that the petitioner was tried before a Magistrate 1st class, Dacca in case No. 1696a 1/67 ......) (1978) 219. ......iedly barred if a Statute creates a new offence or a new right and prescribes a particular penalty or a special remedy is provided by the statute, la such a case no other remedy can in the absence of evidence of contrary intention, the remedies available under the Code of Civil procedure be resorted..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....eputy Commissioner (General), Jessore has sworn the affidavit on behalf of the respondents and stated that he dealt with the files and records of this case and as such he was well conversant with the facts and circumstances of the case; He admitted that the detenu had been practising as local Kabira...... Special Jurisdiction)
Present:
BadrulHaider Chowdhury J
M.H.Rahman J
Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra.............. Petitioners
Vs.
The State and others.................................................OppositeParty
Judgment
June 21......ce the materials have been placed to justify an action of arrest and detention, judicial review by the court has already been attracted and the court cannot, but be influenced in its decision by that evidence.
After the aforesaid decision the law was amended as has been noticed by Ordinance II ..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....enth month after the appellant entered the premises, when fifty percent rent for seventeen months which was paid in advance was still lying in deposit with the respondents. 3. In addition to the facts stated above, the written statement filed by the appellant showed that the appellant invested ......howdhury J Kemaluddin Hossaian J DC Bhattacharya J Fazle Munim J Shamsuddin Ahmed…………………..Appellant Vs. Mohd. Hassan and others…………………….Respondent Judgment ......r and as such the said deed was compulsorily registrable under the provisions of the Registration Act; and that the said deed of agreement being an unregistered document was inadmissible in evidence. Learned Counsel has further contended that the agreement for the tenancy having provi..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.
......
Shahabuddin Ahmed J
Abdul Matin Khan Chowdhury J
Khulna Shipyard Employees Union (Registered No.441) Matiakhali, Khulna.......Petitioner
Vs.
General Manager, Khulna Shipyard and two others...................Respondents
Judgment
June 17, 1977.
Result:
Th......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.
..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....cate appearing for the petitioner strenuously argued in support of the above contention that the Special Tribunal acted illegally in taking cognizance against the petitioner and submitted that in the facts and circumstances of the case the Special Tribunal could have exercised its power as provided ...... Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Md. Kalu Bhuiyan@ Kalu Miah................................Petitioner Vs. Special Tribunal No.II, Comilla and another.............Respondents Judgment June 9, 1977. Result: The rule is d......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. ..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)
....is now covered by a decision of the Supreme Court of Pakistan namely, East and West Steamship Company Vs. Husain Brothers (1967) 19 DLR (SC) 530=PLD 1968 SC 15. 9. In that case though the agreed facts were that there was no damage caused to the goods either during the time they were in the ship......ourt are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......from the Jetty shed under clear receipt and without any protest, these defendants were not liable for any of the claims made against them. 5. The Trial Court framed seven issues and after taking evidence, both oral and documentary, decided the case in favour of the appellant and decreed th..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 358
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....tance of the minors on their attainment of majority and these decisions do not relate to a case where actions were taken against the minors as such. Thus, the said decisions are not applicable in the facts of this case. So far as a Division Bench Judgment by A. Sattar and M. R. Khan, JJ. of the Supr......gh Court Division (Civil Appellate Jurisdiction) Present: S. M. Husain J Abbas Sheikh & another......................Defendant-Appellants Vs. Md. Abu Hossain Sarkar and others ........Plaintiffs-Respondents Judgment June 7, 1977. Result: The app...... was not binding on them and there could be no adverse possession of the suit land by dint of the said patta at least as against the contesting defendants No. 1 and 6. 3. On consideration of the evidence on record both the Courts below came to a concurrent finding of fact that the plaintiff had..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....oth the appeals. Mr. Rafiqul Islam has strenuously urged that the learned Subordinate Judge acted with material irregularity in the exercise of jurisdiction in not applying his mind in respect of the facts of Misc. Case No. 61 of 1969 and allowed the same on the failure of Misc. Case No. 4 of 1969. ......Civil Revisional Jurisdiction) Present: Ranadhir Sen J Tahurul Karim @ Tahurul Karim Khan Chowdhury………………Petitioner Vs. Abdul Hashim and others……………………………........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. ..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
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. ......-divisional Magistrate, Sadar, South, Barisal. 2. Facts leading to this rule, in brief, are that the petitioner was the proprietor of a firm named, M/s. Bangladesh Decorators situated in Barisal and carried on the business of supply of tables, chairs, utensils etc. on hire. On 30-1-76 a letter ...... a bailable offence. His prayer for bail was rejected. His detention in custody in a bailable offence was wholly illegal when there was no allegation that the accused would abscond or tamper with the evidence. The reasons given for the refusal of bail has also surprised us. The order sheet of the ca..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
.... Court was moved under section 66(2) of the Act and the following question of law was referred to the High Court pursuant to the High Court's order dated 18-8-65:— "Whether in the facts and circumstances of the Case assessment was barred by law of limitation." The High ......Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......of the return the Income Tax Officer may make the necessary assessment under sub-section (1) of section 23 of the Act without requiring the presence of the assessee or the production of any evidence, if he is satisfied that the return filed by the assessee is correct, but if he is not so s..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. ...... Present: Ruhul Islam CJ M. H. Rahman J Khulna Tobacco Industries Limited…………………Petitioner Vs. Chairman, Labour Court, Khulna and another……………….Respondents Judgment April 12,......ention of the petitioner is that the Labor Court acted indexes of the jurisdiction vested in it, in holding that the notice allegedly sent by post was duly served upon the petitioner, inasmuch as, no evidence has been produced to show that in fact the notice for the petitioner was actually posted by..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....agistrate, 1st class, for disposal. On 11-6-73 the complainant-opposite party filed a petition of complaint before the Sub-divisional Magistrate against the discharged accused-petitioners on the same facts and the learned Sub-divisional Magistrate after examining the complainant under section 2......CD) (1978) 344. ......se of more than 6 months. If appears that after cognizance was taken, the case was transferred to the Court of a Magistrate, 1st class, for trial and after several adjournments the case was fixed for evidence when the complainant filed the petition of complaint before the Sub-divisional Magistrate. ..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....ndant challenged the jurisdiction of the Court to entertain the Admiralty suit on the ground that it does not extend to the inland Waterways of the river Meghna. The defendant denied the statement of facts made in the plaint and stated, inter alia, that the vessel "M.L. Madina" was in the ......149. ...... learned Judge on August 15, 1966 holding that the Court has jurisdiction to entertain the Suit in its Admiralty Jurisdiction. Thereafter, the trial of the suit was taken up when both parties adduced evidence. Issues 2, 3, 4, and 5 were not pressed at the trial. 9. On the issue as to whether th..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....ers passed by the Courts below are hereby set aside and the case is sent 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 e......ion) Present: Abdul Wadud Chowdhury J Taferuddin Pramanik……………………………Petitioner Vs. Tahmina Khatun and others…………………Opposite Parties Judgment ......rs and the omission of the words "including the transferee" in the second category may well have been inadvertent and unintentional. Section 96 of the Act itself carries intrinsic evidence of such inadvertent omission. Section 96(5)(a) deals with the priority of right o..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
....not controvert the doctrine of merger superseding an order of an inferior Tribunal by an order of a superior one nude by way of appeal or revision but lays down that such merger is dependent upon the facts and circumstances of each case.
8. The Supreme Court of India appears to have laid 'd......d.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
......sment but it comprises all proceedings on which the assessment order is based and the Income-tax Officer is entitled for the purpose of exercising his jurisdiction under section 35 to look into whole evidence and the law applicable to ascertain whether there was an error.
If he doubts the writt..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
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