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....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 ......-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 fringe benefits of workers..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
....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......ondents 5 to 7 rejecting the prayer of the petitioner, without however assigning any reason. This order was challenged in an appeal which was disposed of by the Additional Custodian on the basis of a Government Circular Instruction. The instruction was that in leasing out enemy property preference s..
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)
....;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)
....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: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....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)
.... 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
....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......f section 12 of the Ordinance, surcharge along with interest was imposed upon the petitioner and accordingly the Demand Notices were issued upon the petitioner. This assessment was upheld by the Government in appeal by the impugned order as already referred to above. The petitioner has ass..
Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....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......riminal Procedure. The petitioner was subsequently released on bail by the learned Sessions Judge. We feel that such highhandedness, if allowed to go unchecked will bring slur on the good name of the Government. The petitioner as the citizen of a free country is entitled Jo due protection under the ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
.... 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
....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
....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 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......answer clear. The Proclamation of Independence made, from Mujibnagar, on 10th April, 1971, a declaration of the then East Pakistan into a sovereign Independent State. It recited that the Pakistan Government had started an unjust war which led to the making of such declaration of independence. ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....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)
....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.......ensation for the total loss of "M.L. Jalamani" death was caused of at least 8 of the passengers of "M.L. Jalamoni". A report was prepared by the Special Officer, Marine Accidents, Government of East Pakistan after preliminary enquiry. In the report, the Operators and Serang of &q..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
.... 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
....depreciation for the assessment years 1947-48 and 1948-49 were adjusted against this income, leaving a loss of Rs. 10,01.637/- to be carried forward. An appeal having been filed against the said order of assessment, the Appellate Assistant Commissioner, by his order dated 14.10.58, held that th......d. and I.G.N. Co. Ltd., which carried on the business of inland water transport in the Provinces of Bengal and Assam of the then British India, in pursuance of a scheme approved and sanctioned by the Government of Pakistan. A specific condition of the said scheme was that the losses and unabsorbed d..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
.... Sultan Hossain Khan, Deputy Attorney General—For the Respondents. Writ petition No. 1025 of 1974 Judgment Ruhul Islam CJ.- In this application legality of the order dated 25th July, 1974 directing the compulsory retirement of the petitioner from his service u...... Ruhul Islam CJ Abdul Momith Chowdhury J Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Re..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....re 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 order directed that the petitioner would not be entitled to leave preparatory to retirement. This di...... of retirement being between two points of time that is, the age of compulsory retirement and the age of superannuation, when the petitioner should be deemed to be in service with the sanction of the Government, subsection, (2) of section 9 of the Act 12 of 1974 has no manner of applicatio..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)
....was prepared in the name of the petitioner. The two storeyed building consists of 4 flats which had been let out by the petitioner to monthly tenants. The premises in question was requisitioned by an order dated 15-1-1972 made in Requisition Case No. 2168/1972 and the tenants were asked to give poss......mna, Dacca, after purchase of the same by the registered deed of conveyance dated 14th July, 1952 for a consideration of Rs. 77,393/9/- annas. The land measuring 19 kattas 4 chattaks belonging to the Government Khas Mohal appertaining to Khas Mohal Estate No. 157 of the Dacca Collectorate was taken ..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....d Ahmed, Advocate, instructed by S.S, Hoda Advocate-on-Record—For Respondents Nos.1 and 2. Ex-parte-Respondents No.3-7. Civil Appeal No.14 of 1976. (Appeal from the judgment and order dated 18th June, 1974 passed by a Division Bench of the High Court in Writ Petition No. 306 of......a partner in the deed of partnership on 1st November, 1971 was made one of the three joint operators of the Bank Accounts of the firm and he was later nominated a sub-Administrator of the firm by the Government on 20.2.1972. Accordingly, Mr. Mujibur Rahman, a partner of the firm continued to functio..Category: Others | Date: 27 Jan, 1977 | Hits: 217
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