Search Options
Judgment Advanced Search
Displaying 1741-1760 of 7097 results.
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
.... pension rights and rights relating to disciplinary matters) of persons employed at any time before commencement of this Constitution or of persons continuing in the service of the Republic under the provisions of paragraph 10………......(8) The authority while passing the ord......h 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 regulating the terms and conditions of service. It is the inherent right of the Parliament and ..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
....e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ...... petitioner's tenants were asked to vacate possession of the building and to make over possession of the same to the S. A. Kanongo on 25-9-1973 at 2 P.M. failing which action will be taken as per law without any further notice. Thereupon the petitioner submitted a petition to the Govt. praying f..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
.... the possession and management of the firm in respect of its assets and properties was without lawful authority and was of no legal effect. 4. The High Court Division on examination of the provisions of Article 2(1) of Acting President's Order No.1 of 1972 held that the Government of ......dent's Order No.28 of 1972 and as such the impugned order dated 23-10-73 purporting to interfere with the possession and management of the firm in respect of its assets and properties was without lawful authority and was of no legal effect. 4. The High Court Division on examination of..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....t moved the High Court under section 115 of the Code of Civil Procedure. The learned Judge who heard the revision case (Civil Revision No.776 of 1973) found that the suit had already abated under the provisions of the President's Order No.90 of 1972. Before proceeding further the relevant p......sions of the President's Order No.90 of 1972. Before proceeding further the relevant provisions of this enactment may be quoted: "2. Notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order, all suits, appeals, applications..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 ......pellant to 7 years rigorous imprisonment and a fine of Tk. 500/- in default R. I. for 6 months . 2. The prosecution case, in short, is that on 27.2.73 on receipt of secret information police and law enforcing agencies watched the movement of the accused and another, and at about 4-30 P.M. in Sa..Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....for the petitioner in holding the post of Director and Prof, of Medicine and function as such. 6. The petitioner has alleged that the impugned notification besides being violative of the various provisions of the Constitution has been passed mala fide at the instance of respondent No.2 who......eve him of his duties and desgination of Professor of Medicine of the said IPGMR and to reiterate that the post of Dirctor is a non-practising one should not be declared to have been made without any lawful authority and of no legal effect. 2. Dr. Nurul Islam, an eminent physician of the countr..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)
....laration 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 of the Standing Rules and Orders of Shop Employees of the said Company and further for a m......) (XII). This order dated 7.7. 59 was in violation of the mandatory provisions of the last two paragraphs of clause 21(B) of the Standing Rules and orders and as such the same has been passed without lawful authority. 11. But, the defendant company cannot be forced to reinstate the plaintiff si..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
....aiming in all a sum of Rs. 3, 28,790/8/3 from the defendants.
5. The plaintiff Nos. 2 and 5 filed two separate written statements but at the time of trial they did not appear or contest the suit provision of Bengal which was initially defendant No. 1 filed written statement Which was subsequent......945 when there was great demand for them. But for impediments created by the plaintiff the ready stock of the second requisition order of the 26th September could not have been disposed of. The Govt. lawfully determined the account of compensation payable to the owner of the requisitioned properties..
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)
.... or duty which can be levied only under a fiscal statute. (4) that the Act III of 1967 is a valid piece of legislation and the levy of the price equalisation surcharge by it is in conformity with the provisions of Article 48 of the Constitution and also within entry 43(a) of the Third Schedule of th......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 respondents in tho..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....l as procedural law, whether the legislature by express words or implied intendments made the statute retrospective. For appreciation of the above noted contentions close examination of relevant provisions of the Special Powers Act, 1974 as amended by the Special Powers (Amendment) Act, 1974, m...... Act, 1974, question of its maintainability was raised., 5. On behalf of the State, it was contended that the appeal is not maintainable in this Court for the reasons-(1) Ordinarily amendment in law is prospective excepting that relating to procedure, and change of forum of appeal being a matte..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....d in Khulna News Print Mills Case, the worker's service was terminated under Rule 12(1) of Model Standing Orders Rules 1946. Apart from the fact that there are verbal changes in the corresponding provisions of the two sets of the Rules, it appears that the worker Nurul Gani, was proceeded agains...... before the Supreme Court of Pakistan at the time of praying for leave that he was a unit representative. The findings of the Court below are there to that effect. Before dealing with the question of law, we must observe that the finding of the High Court is that Nurul Absar was a unit representativ..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)
....gh Court through their attorneys, they being resident in India even then. It is further to be remembered that Defence of Pakistan Ordinance and Rules framed thereunder have provided that the provisions of the Ordinance and the Rules shall prevail over all other law in force in Pakistan&nb......n. It is further to be remembered that Defence of Pakistan Ordinance and Rules framed thereunder have provided that the provisions of the Ordinance and the Rules shall prevail over all other law in force in Pakistan and any law inconsistent with or contrary to them shall b..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. ...... was submitted on 3-4-68 to the Additional Deputy Commissioner, who on consultation with the local Government Pleader, returned the award to Mr. Z. A. Chowdhury asking him to take action according to law. The award was then filed in Court on 10-9-68 by the Arbitrator, Mr. Z. A. Chowdhury. ..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)
.... as mentioned in section 36(2) (b) of the Special Powers Act, 1974. The intention of the legislature being clear that no proceeding except the "pending case" to be kept alive, the provision of the General Clause Act, 1897 would be inapplicable in the present case. In this connect......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
....egality of the order as contained in the aforesaid letter as his right as an allottee to evict thereunder affected.
2. Mr. M. H. Khandker, the learned Advocate for the petitioner referred to the provision of section 8B of the Act. His objections to the order of withdrawal are several.......e, amply protected his right by imposing those conditions on the respondent No. 6. In addition to what has already been said above it may be mentioned that such terms and conditions are in the eye of law ineffective because the Govt. had no authority under the provisions' of section 8B ..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....the respondent Nos. 1 and 2 have submitted that after considering the application of the petitioner and respondent No. 3 along with another application of one Mr. Nurul Amin the space in question was provisionally allotted to the respondent No. 3. This provisional allotment letter is dated 23-7-73. ......hibiting the allotment of more than one shop to a person or in the name of his or her spouse or children. It was admitted that the petitioner was an unauthorized occupant liable to eviction under the law. Though it was at same time deemed mat it is not the petitioner but the Civil Defense authority ..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)
.... duty the police cannot be bound by any direction from the Special Tribunal to submit either a final report or a charge sheet. We therefore think that the impugned order is not in accordance with the provisions of law as are contained in sub-section (7) of section 27 of the Special Powers ......ce cannot be bound by any direction from the Special Tribunal to submit either a final report or a charge sheet. We therefore think that the impugned order is not in accordance with the provisions of law as are contained in sub-section (7) of section 27 of the Special Powers Act, 1974. ..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)
....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. ...... a breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract must be taken into account." 7. The section declares the law of damages arising from breach of contract. Regarding section 73, the Privy Council in Jamal Vs..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
.... of requisition is to be made by the Deputy Commissioner, whether such order will stand or not depends upon the will and discretion of the Government which it has been empowered to exercise under the provisions of section 4A(2) of the Act. If, in exercising the jurisdiction vested in it by...... the order dated 2-8-69 passed by the Secretary, Revenue Department, setting aside the order of requisition of the property in dispute dated 15-8-68 should not be declared to have been passed without lawful authority. The property in dispute which stands on two bighas of land with building thereon w..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....has got all the powers of a Civil Court trying a suit under that Code. Mr. Khandaker M. Ahmed has contended that as the Civil Procedure Code is applicable to the trial of an election petition, so the provision for appointment of a Pleader Commissioner under Order, 26 of that Code shall nec...... three contentions: (i) Appointment itself of the Pleader Commissioner is illegal, without jurisdiction and arbitrary since appointment of a Pleader Commissioner is not permitted by the Election law or any other relevant law; (ii) The report of the Pleader Commissioner is in excess of the ..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
90169010696271179318917094359258719690189729607164948695079515923595295259506