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M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....dash;For the Respondent No.1& 2. Writ Petition Nos. 351 & 359 of 1976. Judgment Ruhul Islam J.–These two applications were heard analogously as same questions of fact and law are involved, and the same are being disposed of by this judgment. 2. In Writ Petition No. ......ed in: 30 DLR (HCD) (1978) 79. ......-Division, under Building Division, Jessore (1), while in service under the Building Directorate of the Government of Bangladesh, was given the charge of supervising the work of construction of some Border outposts, and while he was serving in such capacity the petitioner received an order of suspen..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....ani—For Respondent No. 2 (In 201, 209). Writ Petition Nos. 201, 209 and 211 of 1977. Judgment Rnhul Islam J.-These three applications were heard analogously as common question of law is involved therein. In Writ Petition No. 201 of 1977 the petitioner was declared elected as Cha......m CJ M. H. Rahman J Md. Sharifullah…………………Petitioner (In Petition No.201 of 1977) Vs. Election Tribunal Munsif, Second Court Habiganj and another Khan Ataur Rahman (In Petition No. 209), Ashraful Huq……Petitione......r and prayed for setting aside the result of the election. An application was filed under section 151 of the Code of Civil Procedure on 24th February, 1977 by respondent No.2 praying for an order of injunction restraining the petitioner from taking over charge of the office of the Chairman..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
....of the trial Court and dismissed the suit holding inter alia that the plaintiffs have "no easement right over the suit land and as such their claim for permanent injunction is not sustainable in law. The learned Subordinate Judge appears to have directed his attention to the oral evidence adduc...... 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. ......ich fails not on the grounds found by the Courts below but in view of the non-compliance of the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
.... The Code of Civil Procedure, 1908 (Act No. V of 1908), section 151; Order 9, rule 4 A client shall not suffer because of negligence and enigmatic conduct of its agent lawyer for the ends of justice...............(8) Cases Referred to- The Sind Tan......his Case is also Reported in: 50 DLR (HCD) (1998) 109. ......r. Sultan Ahmed, Deputy Attorney-General - For the Respondent. Civil Revision Case No. 627 of 1973. Judgment K M Subhan J.- This Rule obtained by the plaintiff-petitioner is from order No.38 dated 24-3-73 passed by the learned Subordinate Judge of the 2nd Court, Bakerganj in Mis..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
....ing the production of documents and material objects; and
(c) issuing commissions for the examination of witnesses or documents.
4. Mr. Asrarul Hossain contended that by adding a fiction of law by the expression "deemed" the Labor Court has been given of necessity the powers of e......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......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 ..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
.... its orders can not be deemed to be decrees of a Civil Court amenable to challenge under the Code of Civil Procedure. Mr. M. Behtar Ali, the learned Advocate failed to point out any provision of law which shows that the ex parte orders of the Commissioner for Workmen's Compensation can he c......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......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 ..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
.... the goods, and in addition shall also be liable if The Magistrate in his discretion so orders, to the punishment of whipping.” Item 81 reads as follows: “If any person, without lawful excuse, the proof of which shall be on such person, acquires possession of or is in any way c......) (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..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
.... Powers Rules in justification of passing of the order of detention which, however, does not confer any such power on such authority. It is stated further that the detention is not in accordance with law and therefore, he is being detained illegally and improperly.
3. The Additional Deputy Comm...... 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......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..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....under the provisions of the Rent Control Ordinance the petitioner could hot be adjusted a defaulter and the agreement of the tenancy being inadmissible in evidence and also null and void according to law, the Courts below were wrong in relying upon the previsions of the said deed of agreement for th......howdhury J Kemaluddin Hossaian J DC Bhattacharya J Fazle Munim J Shamsuddin Ahmed…………………..Appellant Vs. Mohd. Hassan and others…………………….Respondent Judgment ......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..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....tive bargaining agent of the affected workers, filed the petition under Article 102 of the Constitution for a declaration that the impugned order of the General Manager was made without any lawful authority
3. The petition has been resisted by the respondents on a preliminary ground t......
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......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 ..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
....s that the period of lease of an enemy property shall not be more than a year at a time. The Sub-Divisional Officer of course did not specify the period of lease but in view of specific provisions of law it cannot exceed one year at a time. This order therefore is modified to the extent that the lea......
Shahabuddin Ahmed J
A. Matin Khan Chowdhury J
Habibullah........................................Petitioner
Vs.
Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administration & Land Reforms, Bangladesh & others.......................................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..
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)
....bmitted final report in respect of the petitioner and there being neither any police report nor any incriminating material implicating the petitioner, the Special Tribunal acted illegally and without lawful authority in passing the impugned order. 5. Mr. Mujibar Rahman, the learned Advocate app...... 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......;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..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)
....nor defendants No.3 and 4 challenged the survey reports in the written statement, though in the plaint every important particular thereof was mentioned. But at the time of trial the learned lawyer for defendants No.1 and 2 halfheartedly put some questions to the witnesses of these rep......ourt 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..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....inding with regard to the plaintiffs, title in the suit land by dint of the patta executed in favor of the plaintiffs predecessor by the mother and aunt of contesting defendants. The only question of law raised in this case is as to whether the plaintiffs had acquired any right, title and interest i......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......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..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
.... the same judgment. The learned Subordinate Judge reversed the decision of the trial court being of the view that Abdul Hashim has a preferential right being a co-sharer and that he was authorized in law to make an independent application under section 96(1) of the Act and that the said ap......Civil Revisional Jurisdiction) Present: Ranadhir Sen J Tahurul Karim @ Tahurul Karim Khan Chowdhury………………Petitioner Vs. Abdul Hashim and others……………………………........ 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..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
....t and the connected Demand Notices on the ground that certain deduction to which he was legally entitled were not nude by the respondents and that there was of contravention of any provisions of law such as section 12 of the Ordinance but it was mere omission under bona fide belief that the all......Shahabuddin Ahmed J
Abdul Matin Khan Chowdhury J
Amin Jute Mills Ltd.......................................Petitioner
Vs.
Enquiry Officer, War Risks Insurance, East Pakistan Zone and others......Respondents
Judgment
May 5, 1977.
Result:
The rule is made abso......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..
Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....vant legally competent, as public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart. Shall be punished with simple imprisonment for a term which may exten......-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 ......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..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....en given by the Income Tax Officer for imposing the new accounting year. Such forced accounting year was illegal and the case was remanded to the Income Tax Officer to deal with the case according to law. The appellant preferred an appeal to the Tribunal against the said appellate order an......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 ..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
.... kind of a tribunals may have been constituted under a special legislation for discharging some specified function, because such a body may have the trappings of a Court, but it not really a court of law which a Civil Court is. We have noticed that by virtue of clause (2) of section 36 of ...... Present: Ruhul Islam CJ M. H. Rahman J Khulna Tobacco Industries Limited…………………Petitioner Vs. Chairman, Labour Court, Khulna and another……………….Respondents Judgment April 12,......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..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
....application the petitioner has challenged the order dated 8.2.74 of the Secretary, Bangladesh Jute Industries Corporation suspending the petitioner from his service as to have been passed without any lawful authority and is of no legal effect.
2. The petitioner's case is that he worked for ......ion by the Corporation against the employee does not suffer from any infirmity
An employer has the power to suspend temporarily an employee when the employee's conduct has been such as to demand an enquiry, from the discharge of his function until the enquiry has been completed. This power ......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
..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
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