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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. ......within Chapter III of the Waqfs Ordinance dealing with powers and functions of the Administrator and the Committee. Section 43 of that Chapter gives power to the Administrator to appoint Mutawalli in terms of the deed of waqf when there is no Mutawalli or where there appears to the Administrator to ...... Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ..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 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. ......lieu of notice, which you should collect along with your privilege salary from our N. Ganj Tan BZ, Shop Manager on signing "No claim letter.” The plaintiff has not drawn the salary in terms of the said letter. 5. Now let us refer to certain provisions of the Standing Rules and O......rder passed by Sales Personnel Department, Bata Shoe Company dated 7.7.59 terminating the service of the plaintiff, a shop employee of the Bata Shoe Company was in violation of the provision of the Standing Rules and Orders of Shop Employees of the said Company and further for a mandatory injunction..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
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. ...... Mention may be made that there is no scope of ambiguity or vagueness about the intention of the legislature to give retrospective operation to the provisions of the aforesaid section. By the express terms used therein, the legislative intention has been made clear and unequivocal. As regards the ar...... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..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. ......ed retrospectively unless it is clear that such was the intention of the legislature.” In the above noted case the Statute (Conveyancing and Law of Properly Act, 1881) did not expressly in terms declare to apply to pending proceedings, but looking to the object of the statute and scope of......ing Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC); Quilter, (1882) 9 QBD 672 (CA); Smith, (1901) AC 297, 305; West, (1911) 2CH. 1; I.T.Commissioner, (1916) 2 KBD 249; Delhi Cloth and General Milk, 54 JA 421; DaiVanayaka Reddiyar, ILR 50 Mad. 857; Ram Singha, ILR 50 All. 965; Uni..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. ......nion Act to see the rights of recognised trade union, we find that officer of a recognised trade union, are entitled to negotiate with the employer in respect of matter connected with employment, the terms of employment, the condition of work of any of the workers employed in the establishment or in......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)
....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. ......ak of war with India and Pakistan in September 1965 and which continued till 18th February, 1969, the appellants who were residing in Calcutta at the relevant time could be said to be enemies in terms of Defence of Pakistan Rules, and so alien enemies in terms of section 83 of the Code of Civi............Appellant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others............Respondents (In both the appeals Judgment ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......nal Deputy Commissioner, by an order of 28-9-67 appointed Mr. Zainul Abedin Chowdhury as the Arbitrator and Mr. Alimullah Chowdhury M.P.A. as the umpire to arbitrate the dispute according to the terms and conditions laid down therein and directed that the arbitrator should prepare a written awa......B. 256; Brogden Vs. Metropolitan Railway Company, 1877 (2) Appeal Cases 666; Muhd. Sagir Bhatti & Sons Vs. Federation of Pakistan, (1968) 10 DLR (SC) 169. Lawyers Involved: M. H. Khandker, Senior Advocate, with B.B. Roy Chowdhury and B.K. Das, Advocates, instructed by S.M. Huq, Ad..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
.... 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.
......ackaging materials.
7. It appears that a test report as regards 'Dilphane' paper was obtained from Assistant Chemical Examiner, Customs House, and Chittagong. The said report is in the following terms:-
"Test report of 'Dilphane' paper under Lab. No. LC 10 dt 23-8-1967.
The sample des......: 28 DLR (AD) (1976) 72.
..
Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149
.... No. 6 nor any appeal was preferred against the order of acquisition why all on a sudden nearly three years after: the acquisition the order of withdrawal was made has remained unexplained. When such extraordinary order was being made after such a lapse of time and after handing over the land in que......bove 3343 of an acre out of 68 of an acre of land acquired under Notification No..Ch-85/70/ 737-Regn. dated 30. 6. 70 and as amended under Corrigendum No. Ch-85/70/1176- Regn. dated 21. 10. 70 on the terms and conditions as laid down in the memo mentioned above.
The Mutwalli of the Waqf Estate ......urt Division
(Special Original Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Abdul Mannan................................Petitioner
Vs.
Ministry of Land Administration and Land Reforms,
Govt. of Bangladesh………….........
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ......er No. III only is void. After holding fresh election in centre No. III the result obtained may be amalgamated with the result of the other two centres. The Rule if thus disposed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This C......dings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as 'the Order' inasmuch as he found tha..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....ld that the claimant was entitled to the payment of full wages for the relevant period. It was next contended that the respondent's absence during the period in question should be treated as extraordinary leave within the meaning of rule 2126 of the Pakistan Railway Establishment Code, Volu...... and so no further discussion on other questions are called for. 3. The question of law which arises for consideration is whether the railway employees in question are entitled to their wages in terms of section 15 of the Payment of Wages Act for the period in between their dismissal ..............Opposite parties Pakistan Eastern Railway Administration……………Petitioner Vs. Md. Mafizuddin, Clerk under Chief Superintendent, Watch and Ward, P.E. Railway………………..Opposite party Judgment..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....t least in every year (not being more than 15 months after the holding of the last proceeding general meeting) and at such place as may be determined by the Directors. Article 41. For all general and extraordinary general meeting of the company fifteen days' notice at the least (exclusive of the......r. Possibly, the general meeting, which should have been called is one before which the balance-sheet should have been placed, but section 76 makes no reference to the balance-sheet and its terms are mandatory. (Page 625). The observations made above, as it appears, go to show that th......man………………………. Petitioner Judgment May 20, 1975. Result: The appeal is allowed. Section 76, sub-section (3) and section 79, sub-section (3) of the Companies Act, 1913 are not exclusive but supplementary ..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
....ailure to do so was the cause of the injury in the proper sense of the term. He held in the said case that the first and the third conditions were satisfied but in as much as the damage was due to an extraordinary and unforeseable combination of circumstances, the second condition was not satisfied.......t;I am satisfied that the injured person is dignified by having cut short that period during which he had a normal expectation of enjoying life, and the loss, damnum, is capable of being estimated in terms of money, and that the calculation should be made and upheld the award on account of shortenin......;
..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
...... pay at least 15% of the value of the assets arid also meet the immediate working capital requirements for running the industrial unit at the time of acquiring the ownership. The sale price and other terms and conditions of sale will be determined through negotiation. The Disinvestment Board will be......(In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Samity Ltd...Petitioner (In Writ Petition No. 22 of 1973.)
Vs.
Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both the cases)
Judgment
April 28, 1975.
Result..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ......f. To illustrate, take the case of ex parte decree. It means that the defendant or the respondent was served with the notice and he, after the service of notice, has failed to appear in court, and in terms of relevant rule the matter was set down for ex parte disposal, and when the suit or the appea...... Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muhammad PLD 1961 Lahore 792; Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98; Sangram Singh, Vs. Election Tribunal Kotah an..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ...... petition referred to above and its legality was upheld by the High Court. The Supreme Court has also affirmed the said decision. There is no gain saying that the provision of Section 11 in terms does not apply. The said provision contemplates two different suits and if one of the proceedi......diction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent Judgment ..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......ertainly should not hesitate to draw that con- elusion, and to grant the plaintiff relief accordingly." Upon this a conclusion was drawn by the noble lord of the Court of Appeal in the following terms: "I hold that company was a mere cloak or sham." The same view was taken of the matt.................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; President Vs. Mr. Justice Shaukat Ali, PLD 1971 (SC) 585 relevant page a..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
.... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......ank agreed to advance money from time to time by way of loan on security of stock of timber in the godown of the plaintiff, which is situated at French Road, Dacca at 9% interest per annum. After the terms had been settled the plaintiff signed in good faith contract lien forms and pro-notes from tim...... - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ...... the Labour Court for retrial. According to them the award made in this case was vitiated on the ground of its hiving been made without obtaining the advice from the representative of the employer in terms of rule 34 of the East Pakistan Industrial Disputes Rules, 1960 which, in their view, is a man......ase is also Reported in: ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ......finition of right either is or is not law. When therefore we describe any particular measure as unconstitutional law and therefore void, we are, in fact, strictly speaking, guilty of contradiction of terms, for if it is unconstitutional it is not law at all; or if it is law it cannot be unconstituti...... Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
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