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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. ......ction) Present: K. M. Subhan J A. T. M. Afzal J Jogesh Chandra Datta..............................Petitioner Vs. Govt. of Bangladesh............................Opposite party Judgment June 21, 1977. Result: The Rule is discharged. Cases Referre..Category: Procedural Law | Date: 21 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.
....... Punjab (AIR, 1964 SC. 381; Ramsingh Vs. Delhi, A.I.R. 1951 (SC) 270.
Lawyers Involved:
SerajulHuq with ShohrabHossain—For the petitioner.
Moazzem Hossain—For the Opposite party.
Criminal Misc. No.69 of 1977.
Judgment
BadrulHaider Chowdhury J.—This ru..
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. ......963. 5. For a proper appreciation of the argument advanced by the learned Counsel, relevant clauses of the deed of agreement dated May 1, 1973 may be quoted: "1. That the 1st party will let out the Ground, first floor and Second floor of his lease of 81/1, Kakril Road, ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
......isputes, to under-take collective bargaining with the employer and to act as agent of the Workmen in connection with these deputes. Further, in all proceedings under this Ordinance, where a Worker is party, the worker may be represented by the collective bargaining agent as against the employer who ..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
.... goods were landed from the steamer in a damaged condition. The word 'T' in the right hand column of the tally slips indicates packages landed slightly damaged, such as band broken, defective planks, nails missing' etc. vide jetty circular Ext. C(2). According to D.W.4 She......#39;similar document of title, insofar as such document relates to the carriage of goods by sea including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the regula..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ......ish adverse possession as between co-sharers, there must be evidence of an open assertion of a hostile title by one of them to the knowledge of the others; mere nonparticipation in the profits by one party and exclusive occupation by the other is not conclusive. Apart from this we have the important..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....7.2.69 and was allegedly served on opposite party No. 4 Abdul Hashim on 7.3.69. 3. The pre-emptee Abdur Rashid filed an objection contending that application was not maintainable and was bad for defect of parties. 4. On 15.5.69 Abdul Hashim s/o late Salmat filed an application for pre-empt...... one Abdul Has him were impleaded. This application was filed on 10.2.69 and was registered as Misc. Case No. 4 of 1969. Notice of this case was issued on 17.2.69 and was allegedly served on opposite party No. 4 Abdul Hashim on 7.3.69. 3. The pre-emptee Abdur Rashid filed an objection contendin..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......ion) Present: A.R. Chowdhury J M. A. Khaliq J Mainuddin Khan................................Petitioner Vs. State................................................Opposite party Judgment April 19, 1977 Result: The Rule is made absolute. Lawyers I..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
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: ......vision of the Bangladesh High Court came into existence, are to be valid, subject, of course, to the power of the Government to pray for abatement of any such proceeding, where the Government is a party. A combined reading of Article 5(1) of President’s Order 69 of 1972, and Article 6A (1) &am..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. ......the proceeding in C.R. Case No. 716 of 1973 pending in the Court of Sub-Divisional Magistrate Sadar, North, Chittagong. 2. Facts leading to this rule, in brief, are that the complainant-opposite party lodged a First Information Report to the effect that the petitioners and 22 others, 33 in all,..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417. ...... Tenancy Act. 2. The case of the pre-emptors in Miscellaneous Case No.234 of 1966 was that they were owner of the land contiguous to the land under pre-emption. The same was sold by the opposite party No. 5 of that proceeding to opposite party No.1, the petitioner before this Court on 5-6-1965 ..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
.... 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.
......aside an ex parte decree, when an appeal against the said ex parte decree had been disposed of by a superior Court, was considered by a Bench of the High Court Division, to which one of us was a party, in the case of c where it has been held that to decide whether there has been a complete mer&..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....ific rule regulating the conditions of service does not tantamount to the infliction of a punishment and does not attract Article 311(2) of the Constitution. 13. There is, however, one defect in the impugned order, to which the learned Deputy Attorney-General, practically had no answe......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
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....ion of Acting President’s Order No.1 of 1972. It appears that by this amendment the necessity of publication of Notification in the official gazette was obviated but it did not remove the legal defect because the amendment did not fulfill the conditional mentioned in the said Article in as muc......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. ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)
....was given for his non examination, presumption under section 114(g) of the Evidence Act is accessible here thus there raises a question of doubt in the prosecution and benefit of this defect would go to the appellant………(5) Lawyers Involved: A. B. M. Kna......e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405 ..Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1
....ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
......sputed that in a proper case the appellate Court can under the provisions of rule 33, Order 41 of the Civil Procedure Code vary or reverse a decree or order of the Court below even in favor of a party who has not preferred any appeal or cross-appeal. These powers indeed should be sparingly used..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
..... The validity of a validating law, therefore depends upon whether the legislature possesses the competence which it claims over the subject matter and whether in making the validation it removes the defect which the Courts had found in the existing law and makes adequate provisions in the validatin......signments. As soon as the procedure for calculation of price differential has been decided the regional offices shall issue price differential certificate to the parties, concerned. After a party has deposited the amount of price differential to the Government account in the prescribed man..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. ......Court in the case of Kirpa Singh Vs. Ajai Singh, AIR. 1928 Lahore 627. The Full Bench gave clear opinion that the right of appeal is not a matter of procedure but a vested right which is inhered in a party from the commencement of the action in the Court of first instance and that such right cannot ..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. ......s a unit representative, and he participated in presenting the grievances of his co-workers before the management. It is to be mentioned that the constitution of the Union was not exhibited by either party before the Labour Court. We are to see whether the High Court upon these findings was well fou..Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137
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. ......nt. Civil Appeal No.74 of 1977. (From the Judgment and Order dated 6-5-1976 passed by the High Court Division in F.M.A. No.46 of 1969) Judgment Kemaluddin Hossain J. - The second party in an arbitration proceeding is the appellant. Facts giving rise to this appeal brie..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
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