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Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
.... 21 of the Ordinance and no permission from the Rent Controller is required for payment of the same by the tenant…… (20-22) Unpaid Court fees can be ordered to be paid at any stage by the person by whom such fee is payable— The Court may in its discretion, at ......n order in writing, permit the tenant to make such repairs or to take such measures as the case may be, at a cost not exceeding such amount as may be specified in the order ant it shall thereafter be lawful for the tenant. to make such repairs or to take such measures himself and to deduct the cost ..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
.... and is of no legal effect. 2. Facts giving rise to the proceedings are follows:- The Chittagong Paurashava by a notice in the newspaper published that there would be an open auction of as many as 11 Pourashava Octroi posts, namely, Group 'A' Jo 'K' for leasing out the said...... Badrul Haider Chowdhury J. — This rule is directed as to show cause why the notice dated 16-8-76 issued by the respondent No.1 (Annexure A) should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceedings are follows..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
....Powers Rules, 1975 (Annexure-A). It is further stated that there is no material for which the detaining authority could pass the order of detention and it is stated that the detenu did not indulge in any prejudicial activity. The respondents by filing affidavit-in-opposition stated that the antecede...... of respondent No.1 to attract the application of rule 5(1) (a) of the Emergency Powers Rules, 1965. We are satisfied that the detenu Afazuddiri Dalai is now being detained in Khulna Jail without any lawful authority and in an unlawful manner.”
We have given our anxious consideration to f..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
....d at Rs. 2,00000.00 by saying that he himself being an Engineer he took the economic way. of constructing the house and due to his personal supervision he constructed the house without taking help of any labour contractor and thereby saved about 17½ percent of the total costs of the con......rvice of the petitioner and the forfeiture of the house at 126, Gulshan Avenue, Dacca, under Article 6 of P.O. 67 of 1972 and the order is challenged on the ground that the same has been made without lawful authority and of no legal effect.
2. The facts in brief are as follows:
The petitio..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....has acted as an Arbitrator under the T. I. Act got no authority to direct the payment of interest on the amount of compensation since it is neither a Court under the Civil Procedure Code nor is there any provision for payment of interest under the T. I. Act. He has referred to the relevant provision......of the compensation till it is paid. We find no reason to direct payment of interest from any earlier date i.e. from the date of faking over possession. The order for payment of interest is perfectly lawful. 9. Just before we started to deliver this judgment Mr. Sultan Ahmed came out with a new..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
.... the, plaintiffs right of permanent residence and that he is not liable to be evicted from the disputed premises or in the alternative for permanent injunction restraining the Defdt. Nos.1 and 2 from any way interfering with the plaintiffs long standing possession in the suit premises. 2. The t......s since her birth as a member of her father's family. Such right of plaintiff was recognised by her brother who inherited the suit premises from his father by Ext. 1. That her possession is quite lawful and she is therefore, not liable to be evicted as a trespasser. 5. The learned Additiona..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
.... loss in fact occurred to the department. In support of his defense the petitioner also referred to the official records and examined the contractors concerned who could have proved that if there was any irregularity, it was done by the Executive Engineer and his Sub-Divisional Engineer and not the ......tted that he having once been proceeded with for the alleged offence in accordance with the Rules, and punished by the department for the alleged offence, the Second Screening Board acted without any lawful authority in entertaining the case of the petitioner and recommending punishment; and that th..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
....structed to stop the additional payment as per provisional agreement and also directed to realize the additional 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 vac......ing any industrial dispute."
Therefore, this rule is made absolute and the order dated 16-8-73 passed by the Labor Court, Khulna, in I.R.O. Case No.395 of 1973 is set aside as being without lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....ences mentioned, in the first column of the following schedule shall be punishable to the extent mentioned in the third column of the same with reference to such offences respectively:- 8 (a) If any goods, the importation of which is for the time being prohibited or restricted by or under this ...... 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..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....2-76 and an order of detention was parsed on 2-3-76 under the Emergency Powers Rules, 1975. It is stated further that the detention order is absolutely vague and the detaining authority has not given any material which weighed' in the mind of the detaining authority for passing the order of dete......ferred by sub-section (1), the rules may provide for, or may empower any authority to make orders providing for all on any of the following matters, namely:-
(i) preventing the spreading without lawful authority or excuse of false reports or the prosecution of any purpose likely to cause disaff..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....ccording to law, the Courts below were wrong in relying upon the previsions of the said deed of agreement for their finding on the question of default. The learned Counsel has further argued that, in any view of the matter a large amount of unadjusted money as advance having been in the hands of the......payment of the advance money by adjustment of rent over a period of twenty four months. Furthermore, Clause 2 of the agreement does not show that the consideration or the object of the agreement is unlawful within the meaning of section 23 of the Contract Act. As to the contention whether the a..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....terpretation, certain allowances, such as house rent allowance, conveyance allowance, medical allowances fixed under (he impugned order were not in conformity with the Government Notification but in many respects fell short of the rates determined under the Notification. The Notification itself was ......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..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....iry came to learn about the taking away of six bags of wheat. On 31st October, 1974 the people found Ismail Member in the house of Rostum Ali and asked him about the wheat and on his inability to say anything he was taken by force by the people to the Union Parishad Office where he was assaulted. ......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..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....pplication under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous to the and transferred. In this application as many as 9 persons including the pre-empted Abdul Rashid and one Abdul Has him were impleaded. This ap......bed by Order 5 rule 19 of the Code of Civil Procedure, Since the process server was not examined, the service of notice under Order 5 rule 17 C.P.C. was not valid and there was no lawful intimation to the pre-emptor Abdul Hashim inviting him, if he so desires, to join under secti..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....0-1-76 a letter purported to have been issued by the Deputy Commissioner, Bakarganj and signed by someone on behalf of the Deputy Commissioner was served upon the petitioner directing him not to make any contract for supplying furniture on hire to anybody without the written permission from the Depu......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..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....ending on 31-3-51 had abated but the Income Tax Officer, by his order dated 22-9-60, assessed the appellant for the accounting year ending on 31-3-51 to an income of Rs 4,98,597/-without issuing any appropriate notice under the relevant provision of the Income Tax Act in respect of the accounti......ed Counsel that there having been no notice under section 53 (2) of the Act in respect of the accounting year ending on 31.3.51 for which the impugned assessment was made such, assessment was without lawful authority. 9. Mr. Mozammel Huq Bhuiyan, learned Counsel appearing for the Revenue, has s..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
....gment
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
An employer has the power to suspend temporarily an employee when the employee......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 ..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
....Dacca on cancellation of the lease and forfeiting the same along with buildings thereon with effect from 18th September, 1973. The petitioner's case in short, is that the petitioner is a company incorporated under the Companies Act with the registered office at Chittagong in Bangladesh and ......the petitioner moved this Court on 29th April, 1974 when this Rule Nisi was issued calling upon the respondents to show cause why the impugned order should not be declared to have been passed without lawful authority and of no legal effect and why the respondents should not be directed to cancel, re..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....e with the direction necessary documents were submitted. The Chairman, thereafter submitted all those documents to the ministry for its consideration. But the Government did not communicate any decision to the firm. On 15th February, 1973, however, two flats of the respondents firm were ha......dent's Order No.28 of 1972 and as such the impugned order dated 23-10-73 purporting to interfere with the possession and management of the firm in respect of its assets and properties was without lawful authority and was of no legal effect. 4. The High Court Division on examination of..Category: Others | Date: 27 Jan, 1977 | Hits: 217
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....relieve him of his duties and desgination of Professor of Medicine of the said IPGMR and to reiterate that the post of Dirctor is a non-practising one should not be declared to have been made without any lawful authority and of no legal effect. 2. Dr. Nurul Islam, an eminent physician of the co......eve him of his duties and desgination of Professor of Medicine of the said IPGMR and to reiterate that the post of Dirctor is a non-practising one should not be declared to have been made without any lawful authority and of no legal effect. 2. Dr. Nurul Islam, an eminent physician of the countr..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
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