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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 ......sp;39 of the Code of Civil Procedure. 7. Learned Advocate appearing for the petitioners submitted that the Election Tribunal not being a civil Court, is not competent to exercise any of the powers provided under the Code of Civil Procedure for granting temporary injunction. As against this......on Tribunal Munsif Court Rajshahi and another……………..Respondents Judgment June 28, 1977. Result: The Rules are made absolute. Cases Referred to- Shamsul Huq Sikder Vs. Election Tribunal and others, 27 DLR 388; Masahiduddin Ahmed Vs......etitioner to show cause within seven days from the date of the receipt of the notice as to why he should not be restrained from taking over charge of the office of Chairman of the Union Parishad, and granted an order of ad-interim injunction. The petitioner contested the said application for injunct..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....Code of Civil Procedure. 2. In this Rule we think it necessary to detail the facts because we intend not to interfere, in the exercise of our jurisdiction under section 115 of the Code, which is discretionary, with the order passed by the learned Subordinate Judge. A suit was filed by the plain...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ...... 9, rule 4 A client shall not suffer because of negligence and enigmatic conduct of its agent lawyer for the ends of justice...............(8) Cases Referred to- The Sind Tanneries Ltd. Vs. Hajee Mohammedin & Co., 8 DLR 719; Azizur Rahman Vs. Janata...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
....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.
......tely provisional which again was subject to approval of the BJMC and as such the same was no settlement within the meaning of Industrial Relations Ordinance. Secondly, whether the Labor Court had the power of granting injunction under Order 39, rule 1 and 2 C.P.C.
The power ......ury J.—This rule is directed against an order dated 16-8-73 passed by the Chairman of the 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 ......d against an order dated 16-8-73 passed by the Chairman of the 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 orde..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
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. ......ssioner. Sub-section (1) of section 19 has provided for setting the question of a liability, by the Commissioner, to pay compensation. Section 23 of the said act, provided for the power and procedure of Commissioner and it vests the Commissioner with the power of a Civil Court un......No.76 of 1974. The respondent having been injured, filed a miscellaneous case under Workmen's Compensation Act for compensation and the Commissioner passed an award of compensation amounting to Tk. 8,400/- declaring that the employee was permanently disabled on 14-11-74. Out of the said amo......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. ..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
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. ......ubmissions of the learned Advocate Mr. Raisuddin Khan that the plaintiff-petitioner has been subjected to double jeopardy is of no avail. 9. It may further be mentioned that the Magistrate's power of the seizure of goods under section 51 of the Code of Criminal Procedure is elabor......77. Result: The Rule is discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesford; Novel Vs. London Express Newspaper Ltd., 1919 Appeal Cases 3......, 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. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....ts 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 jurisdiction conferred under S. 491 of the Code cannot be put on a par with ...... stated in the petition that the detaining authority had invoked rule 2(e) of the Emergency Powers Rules in justification of passing of the order of detention which, however, does not confer any such power on such authority. It is stated further that the detention is not in accordance with law and t...... Karim,(1967)19 DLR (SC) 403; Liversidge Vs. Anderson; Government of West Pakistan Vs. Begum A. Karim, (1969) 21 D.L.R. (S.C.) page 1; Vimblabai Desphande (A.I.R. 1946 P. C. 123);Nakhuda Ali Vs. Jayanton (1951 A.C. 66);Overseas of Poor Vs. London Northwestern Railway; Saleha Begum Vs. Government of ......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.
..
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. ......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. ...... Mohd. Hassan and others…………………….Respondent Judgment June 21, 1977. Result: The appeal is allowed. Cases Referred to- Jaffar Meher Ali Vs. Budge Jute Mills Co., ILR 33 Calcutta 702; ILR 34 Cal. 289; Chandra Sr...... of 1977. (From the judgment and decree dated November 10, 1976 passed by the High Court Division in First Appeal No.37 of 1975.) Judgment Fazle Munim J.- This appeal by special leave granted on November 10, 1976 is against the judgment and decree of a Bench of the High Court Divisio..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......he People's Republic of Bangladesh.
Judgment
Shahabuddin J.— This rule under Article 102 of the Constitution calls in question an order dated 7.5.73 of the Additional Custodian of Enemy Properly (L & B), Dacca, confirming in appeal an order dated 13.9.72 of the Sub-......of the Constitution calls in question an order dated 7.5.73 of the Additional Custodian of Enemy Properly (L & B), Dacca, confirming in appeal an order dated 13.9.72 of the Sub-Divisional Officer granting lease of an enemy property to Respondents Nos. 5 to 7 rejecting the claim of the petitioner..
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ......ntion that the Special Tribunal acted illegally in taking cognizance against the petitioner and submitted that in the facts and circumstances of the case the Special Tribunal could have exercised its power as provided in section 27(7) of the Special Powers Act, namely, directing the police......Anwarul Hague Chowdhury, Deputy Advocate-General—For Respondents No.2. Writ petition No. 248 of 1977. Judgment Ruhul Islam CJ.— This rule Nisi was issued with a view to examine the legality of the impugned order dated the 5th January, 1977 passed by the Additional S......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ......nbsp;13 of the Code of Civil Procedure. 4. Mr. Niazmuddin Haider, the learned Advocate appearing for the petitioner submits that Labor Court is a Civil Court because, it is clothed with the powers of the Civil Court under section 36 of the Industrial Relations Ordinance, 1969. Si......lip;Petitioner Vs. Chairman, Labour Court, Khulna and another……………….Respondents Judgment April 12, 1977. Result: Cases Referred to- M/s. M.M. Ispahani Vs. Chairman, Second Labor Court and another, (1967) 19 DLR 612; Banglad......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
....
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
......
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's conduct has been such as to demand .......Petitioner
Vs.
Bangladesh Jute Industries Corporation represented by its Chairman........Respondents
Judgment
April 11, 1977.
Result:
The Rule is discharged.
Power to suspend employee employer-
The order of suspension by the Corporation against the employee d......
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
..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ......recited that the Pakistan Government had started an unjust war which led to the making of such declaration of independence. In this Proclamation, there is no reference to the existence or of the power of the superior courts. On the same day, Laws Continuance Enforcement Order, was made by th......ed by A. S. M. Shamsuzzaman, Advocate-on-Record- For the Appellant. Ismailuddin Sarkar, Advocate instructed by Abu Backkar, Advocate-on-Record- For the Respondent. K.A. Bakar, Attorney General with A. W Bhuiyan, Assistant General, instructed by A. Rab, Advocate-on-Record under......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......d in the said case that once a Magistrate discharges the accused the whole of the authority granted by the Criminal Procedure Code in respect of the proceedings before hi is exhausted and he is not empowered to take any further action in the matter. A final order having been passed the proceedings a......llip;..Petitioners Vs. M. Baharuddin Chowdhury and the State.............Opposite Parties Judgment March 9, 1977. Result: The rule is made absolute. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another (1962) 14 DLR (SC) 96 Lawyers Invol......of revival was upheld by the High Court but the Supreme Court set aside the said order on appeal. It was held in the said case that once a Magistrate discharges the accused the whole of the authority granted by the Criminal Procedure Code in respect of the proceedings before hi is exhausted and he i..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
.... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
......peal or revision over, and reverting, modifying or confirming, the said order of inferior tribunal.
17. But a question has sometime arisen whether the inferior tribunal having the statutory power to correct or amend some error in its own order can exercise such power even if the matter had......pellant
Vs.
Commissioner of Income-tax, Dacca Zone and another……...Respondents
Judgment
March 4, 1977.
Result:
The appeal is dismissed.
Cases Referred to-
Late Rajeswar Prasad Vs. Income-tax Officer (1959) 36 I.T.R. 492; Karsandes Bhagwan Das Fat......eld that the writ petition was not maintainable inasmuch as a remedy by way of appeal against the order of rectification made under section 35 was available under the Act.
Special leave was granted by the Supreme Court of Pakistan to consider the correctness of the view of the High Court o..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
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 ...... under section 10 of the Act. 5. Mr. Sultan Hossain Khan, the learned Deputy Attorney General seriously Canvassed before us that Article 133 of the Constitution confers ample power upon the parliament to regulate by law the appointment and conditions of service of the person......t of the People's Republic of Bangladesh and others…………..Respondents Judgment February 9, 1977. Result: The rule is discharged. Cases Referred to- Shyamlal Vs. State of Uttar Pradesh and another A.J.R. 1954 S.C. 369.; Parshotam Lal Dhingr......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 ..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. ...... Bangladesh Public Servant'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 P..........Respondents Judgment February 9, 1977. Result: The rule is discharged. Bangladesh Public Servant's (Retirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide powe......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. ..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. ......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. ......lam CJ.– In this application the petitioner has made the grievance that about the legality of the Order dated 22nd September, 1973 passed by the Additional Deputy Commissioner, Dacca purporting to resume the land in holding No. 118, Segun Bagicha, P.S. Ramna, Dacca on cancellation of the lease......h building thereon forfeited to the Government; and that the order of resumption on cancellation of the lease having been made in accordance with law, relief as prayed for by the petitioner cannot be granted. 4. On consideration of the affidavits filed by the parties it appears that the impugne..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. ......;ministrator or directing some other authority to take over the control and management of such industries or concerns by notification in the official gazette. Under clause (2) of the said Article all powers and duties of the Owners, Directors or Managers of the said concerns shall vest in the Govern......lip;………………………..…Respondents Judgment January 27, 1977. Result: This appeal is dismissed. Cases Referred to- M/s. Khan Bros. (1975) 27 DLR 423; M/s. Helal Jute Press Ltd. (1975) 27 DLR 551; Govt. of B......tion. In the result the Rule was made absolute with costs. 6. Being dissatisfied with the decision of the High Court Division the appellants obtained leave to appeal to this Court. The leave was granted with a view to examining if the High Court Division was right in construing the provisions o..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. ......cultivating under-raiyat or a group of rent-receiver, cultivating raiyat or cultivating under-raiyats who has or have undertaken large scale farming on a co-operative basis or otherwise by the use of power driven mechanical appliances, or large scale dairy farming may, if he is or they are certified......owed. Lawyers Involved: Md. Fazlul Karim with S.S. Haldar and A.Y. Musiuzzaman, Advocates instructed by B.C. Pandey, Advocate-on-Record-For the Appellant. Sultan Hossain Khan, Deputy Attorney General with Md. Ismailuddin Sarkar and B.B. Roy Chowdhury, Assistant Attorney General, instr......tnership firm consisting of three partners applied to the Deputy Commissioner for a certificate under section 20(4) of the Act. By his Order dated September 5, 1963 the Deputy Commissioner refused to grant the certificate. Reasons for his refusal were that some of the partners were Indian Nationals ..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 ...... declared void being violative of the fundamental right of equality in respect of employment as ensured under Article 29 of the Constitution. It has also been argued that the respondents lead no power to review or revise their earlier order unilaterally as locus paeniiential was no longer avail......ioner Vs. Bangladesh & 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 As......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 ..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
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