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Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ....... The statement of the principle of construction is as follows: "Before giving such a construction to an Act of Parliament one would require that it should either appear very clearly in the terms of the Act or arise by a necessary and distinct interpretation, and perhaps no rule of constru......) Present: Ruhul Islam CJ A.T. M. Afzal J Judgment Burmah Eastern Limited. ......................................Petitioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment September 1, 1977. Result: The applicat..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....d that the provision of section 115 of the Code does not specify the person on whose behalf an application under the said section can be filed. The power under section 115 of the Code is an extraordinary power which the High Court may exercise after calling for the records of any case whic......e altered or added to except under section 152 or on review, as has been provided in Order 20, rule 3 of the Code, and an application under section 151 of the Code to effect an alteration in the terms of the decree after the default clause has become operative is clearly in conflict with the sa...... no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ......The petitioner replied by his letter dated 19-8-76 that he had already deposited the earnest money and in so far as the security deposit is concerned since be failed to pay 2% of the bid money as per terms and conditions his bid had become inoperative and since he had not paid the security deposited......ul Matin Khan Chowdhhury J Md. Ajmal Khan………………………….......................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respondents Judgment August 17, 1977. ..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
.... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193 ...... with legal proceedings of the period referred to therein and from 1.3.71 to 1.3.72 was wipe out from the flow of time. Therefore, it neither created any limitation nor extinguished any limitation in terms of Limitation Act. It cannot be conceived that operation of the Limitation Act was either susp......hellip;………Opposite Party Judgment August 15, 1977. Result: The two Rules are made absolute. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others 27 OLR 61 (Appellate Division) is evidently distinguishable. The case of Barada Prasanna ..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ......uestion his Lordship observed:- “It is clear that there exist no definite rules of substantive law by which questions of this nature, relating to the right of pre-emption claimed under the terms of the Wajib-ul-arz, are governed. It is only on the broad principles of justice, equity and g......t High Court Division (Civil Revisional Jurisdiction) Present: Ranadhir Sen J Aseruddin Sk........................................Petitioner Vs. Serajuddin Talukder and others..............Opposite Parties Judgment August 9, 1977. Result: The Ru..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
.... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ......pped. So he hail to take shelter under the Court of law. In that case Mukherjee, J. at page 209 held: “In the case before us the father of the girl selected the bridegroom, and settled the terms with the father of the latter. After marriage the bridegroom came to his father-in-law's h......adesh & others...........Respondents Judgment July 8, 1977. Result: The appealis allowed. Cases Referred to- Govind Rani Dasi Vs. Radha Ballabh Das, 15 C.W.N. 205; Ananda Mohan Kunda and others Vs. Province of East Pakistan and others, (1968) 20 D.L.R. 976; M.M. Isp..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......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..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
....ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
......r Court had the power of granting injunction under Order 39, rule 1 and 2 C.P.C.
The power of the Labor Court has been given by section 36 which is in the following terms:-
“36 (1)...................
(2) A Labor Court shall for the purpose of adjudi......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..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ...... duty chargeable thereon or of any such prohibition or restriction as aforesaid or of any provision of this Act applicable to those goods.” In the 3rd column punishment prescribed in these terms: “Such goods shall be little to confiscation; and the person Concerned in, such off......) (1978) 219. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....ion. Though ordinarily a High Court may safely be relied upon to exercise its powers when liberty of a citizen is illegally violated by any authority said unlimited discretion certainly enables it in extraordinary circumstances to refuse, to come to his rescue. The absolute discretionary jurisdictio......ppearing to such authorities be reasonable.”
was omitted by amendment in 1968 after the decision of Ghulam Jillani's Case repotted in 19 D.L.R. (SC) 403. The Supreme Court held that in terms of section 3 that in order to gain protection for any action the existence of reason...... 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..
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. ...... party. 14. That the 2nd party shall give notice to the 1st party 30 days before vacating the demised premises." November 10, 1976 the Supreme Court granted leave in the following terms:— "Mr. T. H. Khan, learned Counsel for the petitioner, submits that the deed o......howdhury J Kemaluddin Hossaian J DC Bhattacharya J Fazle Munim J Shamsuddin Ahmed…………………..Appellant Vs. Mohd. Hassan and others…………………….Respondent Judgment ..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. ......ch have been incorporated in the Schedule to the Carriage of Goods by Sea Act, 1925. As in the present case, there was a paramount clause in the bill of lading whose opening words were; "all the terms, provisions and conditions of the Carriage of Goods by Sea Act, 1925, and the Schedule thereto......ourt 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
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....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. ......the Misc. Case No. 61 of 1969. According to the learned Advocate, the learned Subordinate Judge determined the point for Consideration only in respect Of the Misc, Case No. 4 of 1969 in the following terms:- "The only point for determination is whether the learned Munsif was justified in a......Civil Revisional Jurisdiction) Present: Ranadhir Sen J Tahurul Karim @ Tahurul Karim Khan Chowdhury………………Petitioner Vs. Abdul Hashim and others……………………………....Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
....
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
......n behalf of the respondents has submitted that when the petitioner was transferred from the Mill to the Corporation there was no Cessation in his service. The petitioner asked for continuation of the terms and conditions of his service and the Corporation also assured the continuity of service. As t......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 ..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ......l)(a) of the Fourth Schedule, which provides that any person who immediately before the commencement of this Constitution was in the Service of the Republic shall continue in that service on the same terms and conditions as were applicable to him immediately before such commencement. In this context......Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Respondents Judgment February 9, 1977. Re..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ......;s (Retirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide power to pass laws regulating the terms and conditions of service. It is the inherent right of the Parliament and for that matter of t......tirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide power to pass laws regulating the terms and conditions of service. It is the inherent right of the Parliament and for that matter of the sup..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. ......on could not be treated as abandoned property. In the meantime the petitioner submitted an application for renewal of the lease with effect from 1st April, 1961 but no action was taken thereon as per terms of the lease; rather subsequently attempts were made for treating the property as abandoned pr...... Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………………&..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......of the respondent firm to Bangladesh Inland Water Transport corporation on the ground that the assets of the respondent firm being abandoned properties had vested in the Corporation in terms of Article 2(a) of President's Order No.28 of 1972. 3. The main contention of the Res......e Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bangladesh and others……………..Appellants Vs. M/s. Speedbird Navigati..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ...... the provisions of Art. 2 of the President's Order No.90 of 1972 it does not appear that they contain any prohibition against the enforcement of any such right. What they aim at is clear from the terms used therein. Under these provisions all legal proceedings whether in the form of suits, appea...... Case is also Reported in: 30 DLR (AD) (1978) 123. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
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 ......ng administrative post of Director of the IPGMR would be acceptable to him, (Annexure 'F') The petitioner by his letter dated the 12th Junuary, 1971 (Annexure 'G') replied in explicit terms that he would accept the post of Director of the IPGMR only if he was allowed to continue as P......sh & others ……………..Respondents Judgment December 6, 1976. Result: The rule is made absolute. Case Referred to- The State of Jammu and Kashmir Vs. Triloki Nath Khosa and others, AIR 1174 SC1; State of Assam and others Vs. Kanak Cha..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
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