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....…………Petitioner
Vs.
Secretary, Sonali Jute Mills Workers Union, & others..........Respondents
Judgment
June 24, 1977.
Result:
The rule is made absolute.
Cases Referred To-
Bangladesh Fishermen's Co operative Society Ltd. Vs. ......amount that was already paid. The employer had to do so and the Court should not grant any injunction because 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 ......Khahlur Rahman—For the Petitioner.
No one—For the Respondents.
Writ Petition No.193 of 1973
Judgment
Badrul Haider Chowdhury J.—This rule is directed against an order dated 16-8-73 passed by the Chairman of the Labor Court at Khulna, in IRO Case No.395 issuing ......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)
....ions of Order 9, rule 13 are available when an ex parte decree is passed, Section 2 sub-section (2) of the Code of Civil Procedure, defines a decree as the formal expression of an adjudicator which, so far as regard the court expressing it, conclusively determines the rights of t......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. ......nvolved: M. Behtar Ali—For the Appellant. No One—For the Respondent. Appeal from Original Order No. 29 of 1976. Judgment K. M. Subhan J.- This appeal is from the order passed by the Commissioner of Workmen's Compensation, in Workmen's Miscellaneous Case ......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. ..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....rt Division (Civil Revisional Jurisdiction) Present: K. M. Subhan J A. T. M. Afzal J Jogesh Chandra Datta..............................Petitioner Vs. Govt. of Bangladesh............................Opposite party Judgment June 21, 1977. Result: ......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ...... Sultan Ahmad—For opposite party No.1. Civil Revision No. 430 of 1974. Judgment K. M.Subhan J.—This Rule obtained by the plaintiff-petitioner is from the judgment and order passed on 16.3.74 in Title Suit No. 339 of 1973 by the learned Subordinate Judge, 1st Court, D......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......the detention of KalipadaHazra now being detained in Jessore Central Jail should not be declared illegal and why he should not be brought before this court and set at liberty or such other or further order or orders passed as to this court may seem fit and proper.
2. The detenu Kalipada Hazra i......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
.... The appeal is allowed. Cases Referred to- Jaffar Meher Ali Vs. Budge Jute Mills Co., ILR 33 Calcutta 702; ILR 34 Cal. 289; Chandra Srinivasa Rao Vs. Korrapati Raja Ram Mohon Rao, AIR 1952 Madras 579. Lawyers Involved: T.H. Khan, Senior Advocate, with M. A. Baqui Mallick, Advocat......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......onth of October, 1973 which was offered by the appellant first on October 1, 1973 and then on October 6, 1973. Furthermore, having no other alternative the appellant remitted the rent by postal money order which was refused and returned to him on November 5, 1973. The appellant deposited the rent wi......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....
Shahabuddin Ahmed J.-This Rule under Article 102 of the Constitution calls in question an order dated 20.7.74 (Annexure C) of respondent No.1, the General Manager, Khulna Shipyard Ltd. made in pursuance of the Government Notification No. NID 37/73/958 dated 19-12-73 fixing wages and fr......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.
......hman—For the Respondents Nos.1 and 2.
Writ petition No. 957 of 1974.
Judgment
Shahabuddin Ahmed J.-This Rule under Article 102 of the Constitution calls in question an order dated 20.7.74 (Annexure C) of respondent No.1, the General Manager, Khulna Shipyard Ltd. made ......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
....
(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
A. Matin Khan Chowdhury J
Habibullah........................................Petitioner
Vs.
Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administration & Land Reforms, Bangla......ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......rticle 102 of the Constitution of the People's Republic of Bangladesh.
Judgment
Shahabuddin J.— This rule under Article 102 of the Constitution calls in question an order dated 7.5.73 of the Additional Custodian of Enemy Properly (L & B), Dacca, confirming in a......ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
..
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....nd another.............Respondents Judgment June 9, 1977. Result: The rule is discharged. Case Referred To- Monomohan Shaba Vs. The State, (1976) 28 DLR, 185; Dost Mohammad and ors. Vs. The State, (1977) 29 DLR 122; A.K. Roy Vs. The State of West Bengal, A.I.R. 1962 Cal......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. ......;cate-General—For Respondents No.2. Writ petition No. 248 of 1977. Judgment Ruhul Islam CJ.— This rule Nisi was issued with a view to examine the legality of the impugned order dated the 5th January, 1977 passed by the Additional Sessions Judge and Special Tribunal No.II......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)
....=PLD 1968 SC 15; In Pyren Company Ltd. Vs. Scindia Company Ltd. (1954) 2 QBD 402; Sze Hai Teng Bank Limited Vs. Rambler Cycle Co. Ltd. (1959) 3 All. E.R. 182 (PC). Lawyers Involved: Ahmad Sobhan, Advocate instructed by B.C. Panday, Advocate on-Record—For the Appellant. Md.......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......present case there was similar provision in the bill of lading as follows; "the said goods to be carried and delivered subject to the terms and conditions of this bill of lading in the like good order and condition at the port of Chittagong unto order or his or their assignees." The releva......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..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)
....edecessor of the Plaintiff Nos.1 to 8 took settlement of the jot by a registered patta. Since the settlement Ayenuddin allegedly possessed the suit land and after his death his heirs i.e. plaintiffs had been in possession thereof within the knowledge of the defendants. The defendants No. 9 and 10 to......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ......Calcutta High Court reported in 26 C. W N. 65 where no less an eminent judge than Late Sir Ashutosh Mukherjee had observed at relevant page 70 as follows:- “The fundamental rule is that in order of establish adverse possession as between co-sharers, there must be evidence of an open asser......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....he earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ......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. ...... the co-sharers in such a proceeding for pre-emption. There is nothing inherently defective in the constitution of such a proceeding in the absence of the remaining co-sharers but the Legislature, in order to avoid multiplicity of the litigation, has provided in sub-section (2) of section 96, t......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
..............................Petitioner
Vs.
Enquiry Officer, War Risks Insurance, East Pakistan Zone and others......Respondents
Judgment
May 5, 1977.
Result:
The rule is made absolute in part.
Lawyers Involved:
M. Hafizullahfor H.K. Chowdhuary—For the pet......bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
......or the Respondents.
Writ Petition No. 149 of 1971.
Judgment
Shahabuddin Ahmed J.—This Rule issued on an application under Article 98 of the late Constitution calls in question an order in appeal dated 17.3.71 of respondent No. 2 the Government the then Pakistan (now Banglad......bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
..
Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....ddin Khan................................Petitioner Vs. State................................................Opposite party Judgment April 19, 1977 Result: The Rule is made absolute. Lawyers Involved: Mirza Golam Hafiz with Mr. Md. Abdul Aziz—For the pe......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. ......l custody. The petitioner on the following day prayed for bail but the same was rejected and thereafter the petitioner moved the learned sessions Judge who granted him bail, the certified copy of the order has been annexed to the petition as annexure E. The petitioner thereafter moved this court for......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. ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
...................Appellant Vs. The Commissioner of Income Tax Dacca Zone....Respondent Judgment April 19, 1977. Result: The appeal is allowed. Case Referred to- Radha Shyam Agarwala (1960) 12 DLR (SC) 25. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ...... started in and from 1950. The appellant raised an objection under section 5 and 64 of the Act praying for transfer of the case from the Special Circle but the said objection was overruled by an order dated 14-3-53 by the Income Tax Officer. The appellant was served with a notice dated 21-7-53 ......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....llip;…….Respondents Judgment April 12, 1977. Result: Cases Referred to- M/s. M.M. Ispahani Vs. Chairman, Second Labor Court and another, (1967) 19 DLR 612; Bangladesh Fishermen's Co-operative Society Ltd. Vs. The Chairman, Labor Court, Chittagong and anothe......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. ......ash;For the Petitioner. Faruque Ahmed—For Respondent No. 2. Petition No. 1365 of 1974. Judgment Ruhul Islam CJ.—This application is directed against the judgment and order dated 20th August, 1974 passed by the Labor Court, Khulna in Miscellaneous Case No. 34 of 1974......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. ..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
....Supreme Court
High Court Division
(Special Original Jurisdiction
Present:
Ruhul Islam J
M.H. Rahman J
Nazir Ahmed..........................Petitioner
Vs.
Bangladesh Jute Industries Corporation represented by its Chairman........Respondents
Judgment
......
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
......te Industries Corporation represented by its Chairman........Respondents
Judgment
April 11, 1977.
Result:
The Rule is discharged.
Power to suspend employee employer-
The order of suspension by the Corporation against the employee does not suffer from any infirmity
......
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
..
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)
....d by A. Rab, Advocate-on-Record under Order XLV, Rule 1, Supreme Court Rules. Civil Appeal No.11 of 1974. (On Appeal from the Judgment and the Order of the High Court of Bangladesh, dated the 3rd July, 1972 in Appeal from Original Order No. 19 of 1970.) Judgment ......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: ......d in this appeal is whether the judgment of the Supreme Court of Pakistan pronounced on 6th October, 1971 during the Court of Liberation War is a valid decision. 2. The question arises from an order of the High Court of Bangladesh, passed on appeal from an order of rejection of obligation fi......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
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....hellip;…………..Petitioners Vs. M. Baharuddin Chowdhury and the State.............Opposite Parties Judgment March 9, 1977. Result: The rule is made absolute. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another (1962)......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......ns 342 and 323 of the Penal Code but in respect of the accused-petitioners final report was submitted. The learned Sub-divisional Magistrate on perusal of the police report by his order dated 27-12-72 took cognizance of the case in, respect of the 22 accused but discharged the pe......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ..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)
....sp; ......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ......68 and Appellant (In Appeal No.12 of 1967). Appeal No. 12 of 1967. Judgment Ruhul Islam CJ.—Appeal No. 12 of 1967 preferred by the defendant is directed against the judgment and order dated 17th August, 1967 passed by A.M. Abdullah, J. in Admiralty Suit No.1 of 1966. Appeal No.......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
.... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417. ......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. ...... Khandker, B.N. Chowdhury and Mahmudul Islam—Amicus Curiae. Civil Revision Case No. 999 of 1969. Judgment Abdul Wadud Chowdhury J.- This Rule is directed against the judgment and order passed by the learned Subordinate Judge, Kushtia in Miscellaneous Appeal No.106 of 1968 affirm......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. ..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
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