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....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.
......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......training 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 giving rise to the proceeding are as follows: A conditional agreement was reac......trial dispute unless it is raised by a collective bargaining agent in the prescribed manner, namely by negotiation (section 26), conciliation (section 29), arbitration (section 31) and adjudication by Labor Court (section 35). Present dispute was not raised as an industrial dispu..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....r order. “Every order passed in appeal under this section shall, subject to the power of revision conferred by section 191, be final.” Section 188 thus provides a complete relief, in cases where an order is passed by a Customs officer and thus, it is clear that a......) (1978) 219. ......der section 51 of the Code of Criminal Procedure is elaborated in section 523 of the Code of Criminal Procedure. The Magistrate under this section has been empowered to return the property to the rightful owner after trial of the case. The power under section 523 is not......ict of the English Law as embodied in section 403 of the Criminal Procedure Code, prohibits a duplicate trial and a duplicate punishment for the same offence. But it is quite clear that the adjudication proceedings for the confiscation of the goods under the Act neither involve a criminal,..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.
...... 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......ore Central Jail should not be declared illegal and why he should not be brought before this court and set at liberty or such other or further order or orders passed as to this court may seem fit and proper.
2. The detenu Kalipada Hazra is the father of the petitioner. It is stated in the petit......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. ......howdhury J Kemaluddin Hossaian J DC Bhattacharya J Fazle Munim J Shamsuddin Ahmed…………………..Appellant Vs. Mohd. Hassan and others…………………….Respondent Judgment ......show that the tenancy agreement was for twenty four months, (4) the defendant is a defaulter within the meaning of section 18 (5) of the Premises Rent Control Ordinance, 1963. 5. For a proper appreciation of the argument advanced by the learned Counsel, relevant clauses of t......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. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
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. ...... Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Md. Kalu Bhuiyan@ Kalu Miah................................Petitioner Vs. Special Tribunal No.II, Comilla and another.............Respondents Judgment June 9, 1977. Result: The rule is d...... police report was of the opinion that without, the connivance and overt act of Ismail Member and Kalu Miah alleged removal of wheat was not possible and as such the Investigating Officer did not act properly in not submitting charge-sheet at least against these two persons. For proper appreciation ......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
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....#39;s hold or at the time of their discharge at the outer anchorage and that the goods were actually damaged by rain water when they were in the lighter the question whether the ship owners were completely protected by a similar clause in the bill of lading as above-mentioned was answered ......ourt are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......ed by these respondents that the ship carried coal in addition to general cargo but the general cargo, it was contended did not come in contact, with the coal in the ship. The goods were carried with proper care and caution and there was no negligence by the carrier ship. 4. The respondents Nos......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. ..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)
.... the ground that be derived his knowledge of transfer from the notice he received of Tahur's application under section 96(1). He can maintain his application under section 96(1) in complete right on the basis of that knowledge. He should not have hesitated or afraid of making a fr......Civil Revisional Jurisdiction) Present: Ranadhir Sen J Tahurul Karim @ Tahurul Karim Khan Chowdhury………………Petitioner Vs. Abdul Hashim and others……………………………........c. Case No. 4 of 1969 was served on Abdul Hashim under Order 5, rule 17 C.P.C. and the serving officer was not examined on oath under Order 5, rule 19 and accordingly there was no proper service on Abdul Hashim. 8. Mr. Rafiqul Islam, the learned Advocate appearing for the pe......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. ..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
.... section 23 of the Act after second remand to show that the Income Tax Officer had considered the return of the March-ending accounting year and was not satisfied that the said return was correct and complete and that he required the presence of the assessee on production of some evidence for e......Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......the filing of the return in respect of the accounting year ending on 30-6-51. The appellant having pointed out that the notice which had been issued under section 23(2) of the Act was not a proper notice in the case, the Income fax Officer insisted on the compliance with such a notice and ......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
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. ...... Present: Ruhul Islam CJ M. H. Rahman J Khulna Tobacco Industries Limited…………………Petitioner Vs. Chairman, Labour Court, Khulna and another……………….Respondents Judgment April 12,......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. ...... under the Code of Criminal Procedure, 1898. 11. An application for setting aside the ex parte order or award, cannot be treated as a part of the original proceeding, namely, the proceedings for adjudication and determination of industrial dispute, which has been adjudicated and determined with..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ......149. ......uot;M.L. Jalamoni" was not river-worthy and it was a condemned vessel and was unfit for service. The vessel "M.L. Jalamoni" was not manned by any Sareng or competent Crew and it lacked proper and adequate lights or reversing or stopping gears or warning devices. The vessel "M.L. ......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
....osed 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 merger of the trial Court's decree in the decree of the appellate Court, the quest......d.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
...... 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.
...... 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.
..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....esident's Order had been taken by the Government of Bangladesh. The High Court Division further found that event the Board of Management which was named in the aforementioned Notification was not complete in all respects and that no material was placed before the High Court Division to show when......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......efore the High Court Division was that there had never been a valid order of taking over control and management of the firm under Acting President's Order No.1 of 1972 and that the assets and the properties of the firm having not been abandoned properties within the meaning of Article 2(1) of Pr......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
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 ......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......e has contended that the appointment of the petitioner soon after the liberation of Bangladesh to the post of Director and Professor of Medicine and the appointment having been made upon due and proper consideration of the entire matter and upon a decision not to convert the post of Direct......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
....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.
......DLR (HCD) (1978) 355.
...... cloths until further order. However, subsequently, on representation of the full facts before the District Magistrate Mr. M.M. Stuart I.C.S, he become convinced that the order was unreasonable and improper and so he cancelled the order prohibiting sale. On 4.3.45 the Kotwali police along with D.I.B......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.
..
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)
....;dity of section 33 of the Municipal Administration Ordinance, 1960, on the ground that it gave no guidance as to the imposition of tax, the Court referred to the well-known principle forbidding complete abdication of legislative function. It was observed that "the legislation must co...... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......fferential should not be quashed and also why the other directions, as sought for the application, should not be made, or such other or further order or orders passed as to the Court may seem fit and proper. 9. Mention may be made that after Rules Nisi as above mentioned were issued, an Act nam...... 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. ..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. ......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......y when a case is finally adjudicated and judgment is delivered or order passed, and as such the law then existing governs the filing of appeal but not the law under which trial was held. 11. For proper consideration of the questions under reference in the light of the above noted contentions th......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. ..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....idence, as observed earlier, on record of the constitution of the union. Therefore, though we get a partial picture of the status of the employee that he is a unit representative, but we do not get a complete picture as to whether he is one of the executive, so that he may be called an officer of th......Reported in: 28 DLR (AD) 190. ......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. ......cases relied on by Mr. Islam. He says in Khulna News Print Mills Ltd. and the case of Aminul Islam cited above, there is authority for the proposition that there cannot be a labour dispute raised for adjudication concerning an employee whose service has been terminated under section 19 of the Standi..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. ............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 ...... to be a citizen of Pakistan and a Managing Partner of a partnership firm known as "Messrs Budhai Gour Kishore Saha". This partnership firm carried on business of commission agency and owned properties at Bhairab Bazar in the district of Mymensingh. Before the Proclamation of Emergency in ......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. ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ......td……..............Respondent Judgment July 31, 1975. Result: The appeal is dismissed. Cases Referred to- Jamal Vs. Moola Dowood and sons, AIR 1915 P. C. 48: A. V. Joseph Vs. R. Skow Bux, AIR 1918 Privy Council 149; Erroll Mocka......e plaintiff that there was a breach, then simply because the plaintiff has not given sufficient evidence of damages and he has made one or two statements as regards some of his expenses, it is not proper to grant nominal damages. Their Lordships reversed the finding of nominal damages at Re. I/-......or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
.... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566 ......red in the negative. Cases Referred To- Ata Hussain Khan Vs. C.I.T., Dacca (1968) XVIII Taxation, 2; S. Veeriah Reddiar Vs. C.I.T., Travancore-Cochin, Bangalore (1960) 2(III) Taxation 130; Pandit Brothers Vs. C.I. T" Delhi (1954) 26 I. T. R., 159; Commissioner of Income Tax Vs. McMill......rk of the Income-tax Officer that because of the absence of the stock analysis and consequent impossibility to check and verification of the accounts, income, profits and gains of the assessee cannot properly be deduced therefrom. Thus it comes out that the authorities below have rightly reject...... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566 ..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
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