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Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
.... proceedings but to retire him compulsorily by exercising the power as contained in the service Regulations. It was argued on behalf of the appellant (petitioner) before the Supreme Court that in the facts and circumstances of the order of compulsory retirement amounted to removal within the meaning......Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Respondents Judgment February 9, 1977. Re......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 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....tal proceedings but to retire him compulsorily by exercising the power as contained in the service regulations. It was argued on behalf of the appellant (petitioner) before the Supreme Court that the facts and circumstances of the order of compulsory retirement amounted to removal within the meaning......tirement) 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 regulating the terms and conditions of service. It is the inherent right of the Parliament and for that matter of the sup......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. ..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)
....rol of the Government under any law for the time being in force." The High Court Division has on a careful consideration of the provisions of Article 2 of P.O 16 of 1972 as well as the facts stated in the affidavits filed in connection with the Writ petition found that the respondent ......e Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bangladesh and others……………..Appellants Vs. M/s. Speedbird Navigati......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)
....ppellant failed to obtain the necessary certificate under the aforesaid section they instituted the suit for declaration that they were entitled to such a certificate. If on considering the facts alleged by the appellant the Court feels satisfied that the order of refusal to grant cer...... 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
Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)
....e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405 ...... December 15, 1976. Result: The appeal is allowed. Question of Doubt or Presumption under section 114(g) of the Evidence Act- As the petitioner witness were not examined and no explanation was given for his non examination, presumption under section 114(g) of ......ahman and the Naik produced before him the seized articles. He accordingly prepared the seizure list ext. 2. P.W. 9 stated that he investigated the case and submitted charge-sheet. These are the evidences that were produced by the prosecution. 5. We have heard the learned Advocate who poin..Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....Professor of Medicine in collusion with the then Chief Secretary to the Government of East Pakistan who hails from the same district as that of the petitioner. The petitioner has alleged various facts in Paragraphs 13-16 of the petition to show the malice of the respondent No. 2 towards Him and......sh & others ……………..Respondents Judgment December 6, 1976. Result: The rule is made absolute. Case Referred to- The State of Jammu and Kashmir Vs. Triloki Nath Khosa and others, AIR 1174 SC1; State of Assam and others Vs. Kanak Cha......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 ..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
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. ......rder 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 of the Standing Rules and Orders of Shop Employees of the said Company and further for a mandatory injunction......21 (A) in dispensing with the services of the plaintiff resulted in depriving the plaintiff not only from defending himself against a major charge but also from satisfying the authorities by adducing evidence to the effect that there were sufficient causes for absenting himself which might have foun..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
....rts of harassment. On one occasion in the month of July, 1944 the plaintiff was ordered not to dispose of its stock of cloths until further order. However, subsequently, on representation of the full facts before the District Magistrate Mr. M.M. Stuart I.C.S, he become convinced that the order was u......DLR (HCD) (1978) 355.
......ear that the Sub-divisional Controller, Civil Supply, Chittagong, wrote to the plaintiff that the question of agreement by the plaintiff to any rate did not arise as the plaintiff did not produce any evidence before the Sub-Divisional Controller showing plaintiff's procurement price as ordered b..
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)
....62 by the Dacca High Court on February 2, 1968 in Writ Petitions Nos.1, 7, 40, 47, 52, 61-63, 88-92, 147,148, 155, 235, 356, 375, 380, 381 and 435 of 1967. In all these appeal questions of facts and law are involved which will be disposed of by a single Judgment. 2. The responde...... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......ulate generally all practices (including trade practices) and procedure connected with the import or export of such goods, and such order may provide for applications for licences under this Act, the evidence to be attached to such applications, the grant, use, transfer, sale or cancellation of such..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....at right in existence at the passing of the statute are not to be applied retrospectively in the absence of express enactment or necessary intendment.” 31. In the context of the particular facts of the case his Lordship further observed as follows:- “Their Lordship can have no ......ing Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC); Quilter, (1882) 9 QBD 672 (CA); Smith, (1901) AC 297, 305; West, (1911) 2CH. 1; I.T.Commissioner, (1916) 2 KBD 249; Delhi Cloth and General Milk, 54 JA 421; DaiVanayaka Reddiyar, ILR 50 Mad. 857; Ram Singha, ILR 50 All. 965; Uni......the appellant was arrested with 34 moras of cotton yarn on the 19th May, 1774 at 22-00 hours. In the charge there is no mention as to whether it was silk yam or cotton yam. The Havildar P.W. 1 in his evidence does not mention it as cotton yam. PW-2 does not also mention as to whether it was silk or ..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....ision Bench of the Dacca High Court in First Miscellaneous Appeal No. 131 of 1968 dismissing the appeal filed by the appellant sustaining the order of the Second Labour Court, Chittagong. 2. The facts are, that the Appellant, a company holding tea estate in the Chittagong district, employed Nur......Reported in: 28 DLR (AD) 190. ...... also denied that Nurul Absar was a unit representative. At the trial the respondent union examined 3 witnesses and the appellant one, the Manager of the company. The Labour Court on consideration of evidence held that the termination of service of Nurul Absar was malafide, a case of victimization f..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)
....and produced his passport. This is a Pakistan passport, and it was claimed to be duly renewed from time to time. 3. Monoranjan Saha is the appellant of Civil Appeal No. 62-D of 1970. The facts of this case are quite similar to the facts of Civil Appeal No. 61-D of 1970. He moved throu............Appellant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others............Respondents (In both the appeals Judgment ......e Indian Government the appellants were collaborating with the Enemy Government and seeking permission to reside in Enemy territory. Thirdly, the appellants have not placed before the Court any evidence which could be said to be unimpeachable as found by the High Court. However, we refrain ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....nt need not be in writing and may be inferred from the conduct or by act of performance is illustrated in two English decisions. In Carlill Vs. Carbolic Smoke Ball Company 1893, 1 Q. B. 256, the facts are that the defendants, the proprietors of a medical preparation called “The Carboli Sm......B. 256; Brogden Vs. Metropolitan Railway Company, 1877 (2) Appeal Cases 666; Muhd. Sagir Bhatti & Sons Vs. Federation of Pakistan, (1968) 10 DLR (SC) 169. Lawyers Involved: M. H. Khandker, Senior Advocate, with B.B. Roy Chowdhury and B.K. Das, Advocates, instructed by S.M. Huq, Ad......hammad Sagbir Bhatti, the Supreme Court of Pakistan has held that submission to the reference of the Arbitrator may amount to acceptance. The High Court has clearly found and for which there is ample evidence on record that, the Appellant not only submitted to the jurisdiction of the sole Arbit..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)
....nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561 ......ellip;………………………Respondents Judgment September 3, 1975. Result: The Rule is discharged. Tofazzal Hossain Sardar and others Vs. The State; Abu Tayab Md. Mashood and Tipu Vs. the State, respectively at page 36 and ......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561 ..Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2
....ing the acquisition of the land in question be should have proceeded differently. We are unable to entertain any objection regarding the validity of the acquisition proceedings.
10. In the above facts and circumstances of the case we are of the view that the impugned order dated 12.3.73 has bee......urt Division
(Special Original Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Abdul Mannan................................Petitioner
Vs.
Ministry of Land Administration and Land Reforms,
Govt. of Bangladesh………….............
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....at she got business in her own name as she inherited vast fortune from her paternal side. She also found no justification against the allotment of more shops than one to some person.
2. From the facts stated in the petition and the affidavit-in-opposition it becomes clear that the petitioner wh......
Md. Shahabuddin ………………Petitioner
Vs.
Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Buildings, Dacca and 2 others……………Respondents
Judgment
August 28, ......gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)
....the constitution the validity of an order dated 5.4.75 passed by the Special Tribunal No. 1 Sylhet directing the police to submit charge sheet against the petitioners has been challenged. 2. The facts of this case show that an F. I. R. was filed against 20 persons including the petitioners on w......in: 27 DLR (HCD) (1975) 550 ......tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550 ..Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
.... various ways : the injured party may suffer loss in his capital or in profit, or in both. These are illustrative and not exhaustive, because loss may occur in various other ways depending upon the facts, circumstances and the nature of each transaction. The governing ideals that the party in b......td……..............Respondent Judgment July 31, 1975. Result: The appeal is dismissed. Cases Referred to- Jamal Vs. Moola Dowood and sons, AIR 1915 P. C. 48: A. V. Joseph Vs. R. Skow Bux, AIR 1918 Privy Council 149; Erroll Mocka......contested the claim on grounds, inter alia, that the plaintiffs were not entitled to any damages for non-fulfillment of the contract since they suffered no loss on that account. On consideration of evidence the suit was decreed by the trial Court for a sum of Rs. 2,350/- with interest on the ba..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....ant further time. No time limit is however prescribed for filing application for leave to appeal. Normally, a prayer for leave is made orally and immediately after the judgment is delivered. When the facts of the case and the points involved are still fresh in the mind of the Judge. This is both des......ury J. - This is an application for leave to appeal under clause 15 of the Letters Patent. It appears that the Second appeal out of which the present application arose was disposed of by me on 2.4.75 and the present application has been filed on 10.7.75. The earlier application filed on 8.7.75 was r......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 655. ..Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594 ......isdiction) Present: Shahabuddin Ahmed J S.M. Hussain J Amizuddin Ahmed…………......................Petitioner Vs. Election Tribunal, Narayanganj and others…..........Respondents Judgment July 7, 1975. Result: The Rule ...... determined without such recounting, only then the Tribunal has got power to reopen the ballot boxes and recount the ballot papers in presence of parties. Before doing so it must come to a finding by evidence on oath that this recounting is indispensably necessary. On this view we are supported by e..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
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