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M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
.... Khan, Advocate-on-Record-For the Respondents. Civil Appeal No.38 of 1976. (from Civil Revision No.776 of 1973). Judgment Fazle Munim J. - This appeal is against the judgment and order of a Bench of the High Court Division passed in Civil Revision No.776 of 1973. 2. The on......s suit was re-numbered as 104 of 1969, and was pending before the Second Munsif Court at Satkhira. In pursuance of the President's Order No.69 of 1972 and President's Order No.90 of 1972 Government pleader, Satkhira, filed an application for abatement of the suit on November 18, 1972. A..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)
....;For the Appellant. A.T.M Afzal, Dy. Attorney General—For the State. Criminal Appeal No. 518 of 1973. Judgment Badrul Haider Chowdhury J.- This appeal is directed against an order of conviction under Article 2(4)(a)(1) of P.O. 50 of 1972 sentencing the appellant to 7 years ......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 ..Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....was confirmed as such with effect from 24-4-43. While he was serving as the Prof, of Medicine in the Chittagong Medicine College, he was appointed to act as the Joint Director of the IPGMR by an order date 17-11 -65 and on his representation the Govt. by another Notification dated the 31-3......ling to accept the position of Director of the IPGMR as a non-practising administrative post. Since the petitioner was unwilling to hold such a post, he solicited certain clarifications from the Government and also pointed out that the decision of the Govt. was contrary to the recommendations o..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....e-For the Respondent. Criminal Appeal No.6 of 1976. (From Criminal Revision No.62 of 1972) Judgment Mahmud Husain CJ. - This appeal by special leave is from the judgment and order of the High Court Division dated 15-11-73 in Criminal Revision No.63 of 1972 refusing to quash......f the Act public servant means a public servant as defined in section 21, Penal Code", and held:-"The true test, therefore, in order to determine whether a person is an officer of the Government, is: (1) whether he is in the service or pay of the Government, and (2) whethe..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....r Hafizullah—For the Respondent. Appeal from Appellate decree No. 204 of 1963. Judgment Abdul Wadud Chowdhury J.- This second appeal arises out of a suit for declaration that the order passed by Sales Personnel Department, Bata Shoe Company dated 7.7.59 terminating the service o......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. ..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
....me displeased with the plaintiff as it failed to satisfy their whimsical wishes; as a result, the firm was put to all sorts 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 represe...... East Bengal which stepped in the shoes of the Province, of Bengal and it contested the suit. The case of defendant No. 1 which is relevant for our present purpose, inter alia, in brief, was that the Government or any of its officers had no mala fide in July, 1944 one Aswini Kumar Das complained tha..
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)
....o. 2 in Civil Appeal 22-D to 32-D, 37-D, 38-D, 44-D & 46-D of 1968 Respondent in Civil Appeal No. 41-D of 1968). Civil Appeal Nos. 20-D to 47-D of 1968. (On appeal from the judgment and order of the High Court of East Pakistan/Dacca, dated the 2nd February, 1968 in Writ Petitions Ns.1,...... import any raw materials during the periods, January to June 1965 and July to December, 1965. 4. By several public notices which were issued by the Chief Controller of Imports and Exports, Government of Pakistan, the respondents were required to pay the Government over and above the ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....nal Appeal No. 602 of 1974. Judgment Ruhul Islam J.—This reference to the Full Bench has been made by a Division Bench of this Court in connection with an appeal preferred against the order of conviction and sentence passed by Mr. S.S. Ahmed, Special Tribunal I, Tangail dated July 30......tend to three months or with fine which may extend to five hundred Takas, or with both. (2) A court convicting an offence of hoarding or dealing in the black-market shall order the forfeiture to Government of anything in respect of which the offence was committed. (3) Where an offence of h..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....rd—For the Appellant. Mozammel Huq Senior Advocate, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent. Civil Appeal No. 22 of 1973. (From the judgment and order dated 2-4-1970 passed by the Dacca High Court in F.M.A. No. 131 of 1968). Judgment K......al is dismissed, but having regard to the facts and circumstances of the case and the question involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ..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)
....is writ petition also as non-maintainable on the ground that Mono Ranjan Saha because of his continued stay in Calcutta was an 'alien enemy'. Both the leave petitions were heard analogously and one order of leave was granted to consider the question whether the appellants to whom passports wer......tta, a notice dated 23-5-1966 was issued declaring the properties of the partnership firm enemy properties and directing the delivery of possession of those properties to the Tahshilder of the Government Acquired Estate, Bhairab. The appellant then through his attorney filed Writ Petition No..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....espondent through his attorney A. Kusuf filed an application on 25-9-67 and agreed to the arbitration by Messers Alimullah Chowdhury and Z.A. Chowdhury. The Additional Deputy Commissioner, by an order of 28-9-67 appointed Mr. Zainul Abedin Chowdhury as the Arbitrator and Mr. Alimullah Chow......ary between those plots, he on 13-2-68 made an award, the sketch map forming part thereof. This award 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..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
.... appellant received a notice from an Inspector of Central Excise, Chandroghona Circle, Chittagong intimating that the Collector of Central Excise and Land Customs, Chittagong, East Zone had issued an order to assess 'Dilphane' under item 35 of the First Schedule to the Central Excise and Salt Act, 1...... constitution.
In the result, there being no substance in the appeal it is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 72.
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Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149
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 ......he "pending case" to be kept alive, the provision of the General Clause Act, 1897 would be inapplicable in the present case. In this connection he referred to the case of Public Prosecutor, Government of Pendichari Vs. Abdul Aziz Khan and another, reported in A.I.R. 1970 (Mad)-311. Mr. Cho..Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2
....For Respondent No. 6.
B. B. Roy Chowdhury, A.A.G.—For Respondent No. 2.
Writ Petition No. 573 of 1974.
Judgment
Fazle Munim J. — This Rule was directed against an order dated 12. 3. 73 passed by the government by which the lands in question; were withdrawn from a......e is, therefore, requested to take necessary action in consultation with the C.D.A. and send a draft notice for withdrawal of the said land under section 8B of the Act for further action by Government.
Deputy Commissioner's case records relating to L.A. Case No. 21/65/66 received ..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....he space under the stair case of the second building of Nawab Yusuf D.I.T. Market, Dacca since 1965. Excepting the verbal permission of the officer of respondent No. 1 he had no other right there. No order of allotment was over made in his favor. Since the year 1968 he has been applying for the sett......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
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Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)
....;M.A. Baqui Mallik, Advocates - For addition of party Petition No. 199 of 1975 Judgment Fazle Munim J. - In this petition under Article 102 of 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......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)
....at the defaulting party must pay the difference between contract price and the market price on the date of breach. 12. The second contention of Mr. Sharif is the second point of the leave order. He says, the High Court was not justified in taking the market price prevailing on 19. 8. 5......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. ..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
....ondent Nos. 4 and 6.
Writ Petition No.20 of 1971.
Judgment
Fazle Munim J.— A rule was issued by this Court on 11th January 1971 calling upon the respondents to show cause why the order dated 2-8-69 passed by the Secretary, Revenue Department, setting aside the order of requisiti......ioner who happened to be the Chairman of the Governing Body of the College the respondents filed an application u/s. 4A(2) of the Act (which I will call the said Act) to the then Provincial Government. The secretary Revenue Department, who heard the application on 2-8-69, held the order of..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....e 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 rejected by me on 9.7.75 as being not in order and a fresh application, that is the present one was filed on 10.7.75. 2. Mr. Moinul Huq,......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)
....tion of the People's Republic of Bangladesh.) Judgment Shahabuddin Ahmed J. — In this application under Article 102 of the Constitution the petitioner has challenged the order dated 31.8.74 of the Election Tribunal, Narayanganj (Respondent No. 1) accepting the report of......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 ..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
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