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Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......her from such entries a presumption to the title or the right of tenancy of the recorded person can be made. According to section 103 (B) (5) of The Bengal Tenancy Act every entry in a record of rights finally published shall be evidence of the matter referred to in such entry and shall be pres..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
....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. ......on 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 the parties. The Commissioner for Workmen's Compensation is not a court under the Code..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
....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 grounds were vague or indefinite became relevant. But in the Emergency Powers Act having been made in exercise of the proclamation under Article 141A of the Constitution the fundamental rights given in the Constitution were suspended and the right to move the court was also taken away ..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....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. ......o; he has been considered. In Jaffar Meher Ali Vs. Budge Jute Mills Co., ILR 33 Calcutta 702, the interest of one Kasem Karim was assigned to the plaintiff, who, as an assignee, wanted to enforce his rights under the contract. The defendant contended that the assignment was made with the object of d..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....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. ......the carrier in relation to the loading, handling, stowage, carriage, custody, care and discharges of such goods shall be subject to the responsibilities and liabilities, and entitled to the rights and immunities hereinafter set forth." Rules 2 and 8 of Article III; "2...Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....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. ......ndonment executed in favor of the insurer by the said owner and the Industrial Development Bank of Pakistan, the mortgagee upon full settlement of the loss, became entitled to the said vessel and the rights of the owners and the mortgagee in respect of the said vessel. The defendant trading under th..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....ecision the learned Judges expressed very clearly that and any every termination of service is not dismissal, removal or reduction in rank. A termination of service brought about by the exercise of a contractual right is not per se dismissal or removal, as has been earlier held by the Court. Likewis......b-paragraph 2(2) of paragraph 10 which provides that nothing in paragraph (1) shall prevent the making of any law varying or revoking the conditions of service (including remuneration, leave, pension rights end rights relating to disciplinary matters) of persons employed at any time before commencem..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....ecision the learned Judges expressed very clearly that any and every termination of service is not dismissal, removal or reduction in rank. A termination of service brought about by the exercise of a contractual right is not per se dismissal or removal, as has been earlier held by the Court. Likewis......h 10 makes it clear that the protection as mentioned in sub-paragraph (1) shall not prevent the making of any law varying or revoking the conditions of service (including remuneration, leave, pension rights and rights relating to disciplinary matters) of persons employed at any time before commencem..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. ......y one Rashik Chandra Basu under registered deed dated 9-3-1932 for 29 years from 1st April, 1932 to 31st March, 1961 with right to successive renewal of settlement for further period of years and all rights of transfer, assignment, etc.; and that the lessee constructed buildings on the said land and..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....petitioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12 ......a discriminatory treatment should be meted out to the post of the Director of the IPGMR and the impugned notification on the face of it was highly discriminatory and violative of the fundamental rights guaranteed by Articles 27 and 29 of the Constitution. 8. Besides the Government, the Rul..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......held that a Nikah Registrar is a public servant as, according to their view, a person charged with the duty of making any authenticating documents and registers necessary for the ascertainment of the rights of people within the meaning of the tenth clause of section 21 of the Pakistan Penal Code as ..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
.... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......d not under the aforesaid S.R.O. 49 (R)/66 or the act of 1950 is not validated under Section 7 or Act III of 1967. Bangladesh was substituted for the Government of Pakistan to undertake the rights and liabilities which arise under these appeals. 14. Mr. K. A Bakr, Attorney-General for..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......he court has to look to the provision of the new law to examine whether the new law indicates a different intention. The enquiry would be not to find out whether the new law expressly keeps alive old rights and liabilities, but whether it manifests an intention to destroy them. Another test is, to f..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....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. ......e on the basis of the activities of the employee as are on record. We are to see whether these activities could be attributed to an officer of the Union. If we refer to the Trade Union Act to see the rights of recognised trade union, we find that officer of a recognised trade union, are entitled to ..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)
....ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......Edition page 30, it is set out as follows :— "The primary meaning of 'alien enemy' is one whose sovereign or state is at war with the sovereign of England. In reference to civil rights, however, alien enemy is used by the courts of the United Kingdom in a different sense and m..Category: Property Law | Date: 7 May, 1976 | Hits: 55
.... 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.
......d large-scale development. In 1920, a French company, La Cellophane, was formed, and a cellophane plant was built at Bezons, near Paris. Three years later E.I. du Pont de Nemours & Co. acquired rights from La Cellophane to manufacture the product in United States and produced the first U.S. ma..
Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149
....
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
......aw the lands in question from acquisition and the decision to withdraw being administrative in nature its propriety cannot be questioned. Secondly, the impugned order allows that the petitioners' rights, whatever they are, have been protected by the Government and as such he cannot have any caus..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ......1.12.73 and the date of hearing was adjourned on 9.1.74 as the objector had no notice of the date of hearing. It is further stated in the objection that the suit was filed by him to protect his legal rights. According to him, under Article 37 of Association of the Company the time to hold annual Gen..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
....e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
......en a fundamental right may, not be a "right" in the strict sense of the term. A right to acquire or hold property, a right to carry on a profession a right to move about freely etc. are not rights in the strict sense because they do not cast any corresponding duties on any person. They are..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ...... of the territory of a State breaks off, and becomes a State and an International person itself. He has; of course, stated that succession in such a case takes place with regard to such international rights and duties of the predecessor as are locally connected with the part of the territory broken ..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
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