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Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
....ature of khal and was recorded in the C.S. khatian as khal, it became cultivable in course of time by gradual accumulation of sands. The landlord possessed the same through bargadars. Thereafter, the Government stepped into the shoes of ex-landlords and by virtue of State Acquisition and Tenancy Act...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....he 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 plaintiff-petitioner against the Government for declaration of their tenancy right over the suit land measuring 810.86 acres. The onl...... 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
....sp;2 which provides, amongst others, "such agreement is in writing, has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to Provincial Government the Conciliator and such other person as may be prescribed". In this view of the mat......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.
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Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....ed by the learned Magistrate on 12. 5. 69. The matter was heard by the learned Additional or Sessions Judge of the 1st Court, Dacca, who, however, rejected the revisional application preferred by the Government. Subsequent to that the Assistant Collector of Customs of Excise, Division I passed an or......, 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
....1, 1977.
Result:
The Rule is made absolute.
Cases Referred To-
Ghulam Jillani and Govt. of West Pakistan Vs. Begum A.K. Abdul 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 ......n (A.I.R. SC 413-414).
24. The Court however does not take a roving enquiry in such proceeding. Nor does it function as an appellate authority, what the court is to see is whether any reasonable body of persons could have acted upon such and such material and pass the order of detention. Reason..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
....-This Rule under Article 102 of the Constitution calls in question an order dated 20.7.74 (Annexure C) of respondent No.1, the General Manager, Khulna Shipyard Ltd. made in pursuance of the Government Notification No. NID 37/73/958 dated 19-12-73 fixing wages and fringe benefits of workers......le 152 of the Constitution which has kept alive the definition clause of the General Clauses Act, 1897. Under the General Clauses Act, a person includes an association of persons as well, nobody disputes this interpretation and if is not the case of the respondents that the petitioner, a t..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
....ondents 5 to 7 rejecting the prayer of the petitioner, without however assigning any reason. This order was challenged in an appeal which was disposed of by the Additional Custodian on the basis of a Government Circular Instruction. The instruction was that in leasing out enemy property preference s......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.
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Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
....f section 12 of the Ordinance, surcharge along with interest was imposed upon the petitioner and accordingly the Demand Notices were issued upon the petitioner. This assessment was upheld by the Government in appeal by the impugned order as already referred to above. The petitioner has ass......bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
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Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....riminal Procedure. The petitioner was subsequently released on bail by the learned Sessions Judge. We feel that such highhandedness, if allowed to go unchecked will bring slur on the good name of the Government. The petitioner as the citizen of a free country is entitled Jo due protection under the ......e Deputy Commissioner, Bakarganj and signed by someone on behalf of the Deputy Commissioner was served upon the petitioner directing him not to make any contract for supplying furniture on hire to anybody without the written permission from the Deputy Commissioner's office. A photostat copy of t..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
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. ......ing that the notice allegedly sent by post was duly served upon the petitioner, inasmuch as, no evidence has been produced to show that in fact the notice for the petitioner was actually posted by anybody. 3. Before we take up the above noted points for consideration it appears that it would be..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....answer clear. The Proclamation of Independence made, from Mujibnagar, on 10th April, 1971, a declaration of the then East Pakistan into a sovereign Independent State. It recited that the Pakistan Government had started an unjust war which led to the making of such declaration of independence. ......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
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....ensation for the total loss of "M.L. Jalamani" death was caused of at least 8 of the passengers of "M.L. Jalamoni". A report was prepared by the Special Officer, Marine Accidents, Government of East Pakistan after preliminary enquiry. In the report, the Operators and Serang of &q...... was taking turn towards north; and "M.L. Madina" while attempting to enter into the river Dakatia against the current from the right side of the river it violently hit the left side of the body of "M.L. Jalamoni", and as a result "M.L. Jalamoni" sunk with in a few minu..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
....d. and I.G.N. Co. Ltd., which carried on the business of inland water transport in the Provinces of Bengal and Assam of the then British India, in pursuance of a scheme approved and sanctioned by the Government of Pakistan. A specific condition of the said scheme was that the losses and unabsorbed d...... 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.
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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)
.... Ruhul Islam CJ Abdul Momith Chowdhury J Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Re......rs that the 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 Supreme Law-making body, to regulate the time of retirement of the government servants. How long the public servant wou..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
.... of retirement being between two points of time that is, the age of compulsory retirement and the age of superannuation, when the petitioner should be deemed to be in service with the sanction of the Government, subsection, (2) of section 9 of the Act 12 of 1974 has no manner of applicatio......vants 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 supreme law-making body, to regulate the time of retirement of the government servants. How long the public servant wou..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)
....mna, Dacca, after purchase of the same by the registered deed of conveyance dated 14th July, 1952 for a consideration of Rs. 77,393/9/- annas. The land measuring 19 kattas 4 chattaks belonging to the Government Khas Mohal appertaining to Khas Mohal Estate No. 157 of the Dacca Collectorate was taken ......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. ..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....a partner in the deed of partnership on 1st November, 1971 was made one of the three joint operators of the Bank Accounts of the firm and he was later nominated a sub-Administrator of the firm by the Government on 20.2.1972. Accordingly, Mr. Mujibur Rahman, a partner of the firm continued to functio......vision found that the Government was not entitled to delegate the responsibilities of making the decision to take over control and management of any industrial or commercial concern to any other body. 5. The High Court Division has considered under what circumstances certain prop..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....s suit was re-numbered as 104 of 1969, and was pending before the Second Munsif Court at Satkhira. In pursuance of the President's Order No.69 of 1972 and President's Order No.90 of 1972 Government pleader, Satkhira, filed an application for abatement of the suit on November 18, 1972. A......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. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)
....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 ......the bazar at about 4.30 P.M. and noticed that accused Nur Hossain, was moving suspiciously. He stated that he and his police force encircled him and then in the presence of the witnesses searched his body and recovered one revolver bearing No. 17434 loaded with 4 live cartridges from the waist of ac..Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....ling to accept the position of Director of the IPGMR as a non-practising administrative post. Since the petitioner was unwilling to hold such a post, he solicited certain clarifications from the Government and also pointed out that the decision of the Govt. was contrary to the recommendations o......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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