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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. ...... High Court Division (Civil Appellate Jurisdiction) Present: Ranadhir Sen J Ibrahim Malitha & others.........................Plaintiff-Appellate Vs. Izahar Ali Mir and ano­ther.......................Defendants-Respondent Judgment June 28, 1977. ......61. ..

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......High Court Division (Civil Revisional Jurisdiction) Present: K M Subhan J ATM Afzal J Tasir Ahmed and others………………Petitioners Vs. People’s Republic of Bangladesh represented by the Deputy Commissioner, Barisal…………………Respondents Judg......his Case is also Reported in: 50 DLR (HCD) (1998) 109. ......998) 109. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 60

Manager, Sonali Jute Mills Ltd Vs.Secretary, Sonali Jute Mills Workers Union, & others, 1977, 6 CLC (HCD)

....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...... Vs. Secretary, Sonali Jute Mills Workers Union, & others..........Respondents Judgment June 24, 1977. Result: The rule is made absolute. Cases Referred To- Bangladesh Fishermen's Co operative Society Ltd. Vs. The Chairman, Labor Court, Chittagong; Mr. ......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...... Present: B.H Chowdhury J M.H. Rahman J Manager, Sonali Jute Mills Ltd………………………………Petitioner Vs. Secretary, Sonali Jute Mills Workers Union, & others..........Respondents Judgment..

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......h Court Division (Civil Revisional Jurisdiction) 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: ......) (1978) 219.       ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: K. M. Subhan J A. T. M. Afzal J Jogesh Chandra Datta..............................Petitioner Vs. Govt. of Bangladesh............................Opposite party Judgment June 21, 1..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....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 ......m, (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 Bangladesh, (1977) 29 DLR 59; Makhan Singh Vs. Punjab (AIR, 1964 SC. 381; Ramsingh Vs. Delhi, A.I.R....... 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......sion (Criminal 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 Jud..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1

Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipyard and two others, 1977, 6 CLC (HCD)

....-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......ve bargaining agent within meaning of Section 22 of the Industrial Relations Ordinance, 1969. 2. Facts of the case so far necessary for disposal of this rule are that the Government of Bangladesh (Respondent No.3) in the Ministry of Industries issued the Notification dated 19.12.73 as...... Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Khulna Shipyard Employees Union (Registered No.441) Matiakhali, Khulna.......Petitioner Vs. General Manager, Khulna Shipyard and two others...................Respondents Judgment June 17, 1977. Result: Th......cial Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Khulna Shipyard Employees Union (Registered No.441) Matiakhali, Khulna.......Petitioner Vs. General Manager, Khulna Shipyard and two others...................Respondents Judgment..

Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1

Habibullah Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra¬tion & Land Reforms, Bangladesh & others, 1977, 6 CLC (HCD)

....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......n (Special Original Jurisdiction) Present: Shahabuddin Ahmed J A. Matin Khan Chowdhury J Habibullah........................................Petitioner Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra­tion & Land Reforms, B...... Shahabuddin Ahmed J A. Matin Khan Chowdhury J Habibullah........................................Petitioner Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra­tion & Land Reforms, Bangladesh & others.......................................High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J A. Matin Khan Chowdhury J Habibullah........................................Petitioner Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra­tion &am..

Category: Property Law | Date: 10 Jun, 1977 | Hits: 2

Amin Jute Mills Ltd Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others, 1977, 6 CLC (HCD)

....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......J.—This Rule issued on an application under Article 98 of the late Constitution calls in question an order in appeal dated 17.3.71 of respondent No. 2 the Govern­ment the then Pakistan (now Bangladesh) and Demand Notices (Annexures F, B, B (1), C, E, G & H) for payment of evaded premiu......Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Amin Jute Mills Ltd.......................................Petitioner Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others......Respondents Judgment May 5, 1977. Result: The rule is made abso...... Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Amin Jute Mills Ltd.......................................Petitioner Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others......Respondents J..

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 ......No. 98 of 1976 pending in the court of Sub-divisional Magistrate, Sadar, South, Barisal. 2. Facts leading to this rule, in brief, are that the petitioner was the proprietor of a firm named, M/s. Bangladesh Decorators situated in Barisal and carried on the business of supply of tables, chairs, u......-divisional Magistrate, Sadar, South, Barisal. 2. Facts leading to this rule, in brief, are that the petitioner was the proprietor of a firm named, M/s. Bangladesh Decorators situated in Barisal and carried on the business of supply of tables, chairs, utensils etc. on hire. On 30-1-76 a letter ......preme Court High Court Division (Criminal RevisionalJurisdiction) Present: A.R. Chowdhury J M. A. Khaliq J Mainuddin Khan................................Petitioner Vs. State................................................Opposite party Judgment Apr..

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.   ......p;……….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; Bangladesh Fishermen's Co-operative Society Ltd. Vs. The Chairman, Labor Court, Chittagong and a...... Present: Ruhul Islam CJ M. H. Rahman J Khulna Tobacco Industries Limited…………………Petitioner Vs. Chairman, Labour Court, Khulna and another……………….Respondents Judgment April 12,...... (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Khulna Tobacco Industries Limited…………………Petitioner Vs. Chairman, Labour Court, Khulna and another………………...

Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2

Nazir Ahmed Vs. Bangladesh Jute Industries Corporation represented by its Chairman, 1977, 6 CLC (HCD)

.... 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   ......; ......ion 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 an enquiry, from the discharge of his function until the enquiry has been completed. This power ......   ..

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)

....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. ......ructed by A. Rab, Advocate-on-Record under Order XLV, Rule 1, Supreme Court Rules. Civil Appeal No.11 of 1974. (On Appeal from the Judgment and the  Order of the High Court of Bangladesh, dated the 3rd July, 1972 in Appeal from Original Order No. 19 of 1970.) Judgme......ourt Appellate Division (Civil) Present: Ahasanuddin Choudhury J Kemaluddin Hossain J Fazle Munim J M/s. Jamal Jute Baling and Co..........Appellant Vs. M/s. M. Sarkies and Son..............Respondent ...... (Civil) Present: Ahasanuddin Choudhury J Kemaluddin Hossain J Fazle Munim J M/s. Jamal Jute Baling and Co..........Appellant Vs. M/s. M. Sarkies and Son..............Respondent Judgment March 21, 19..

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......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.         ......ties interested in the Vessel M.L. "Madina", the Owner being Abul Hashem…...........................Appellant, (In Appeal No.12 of 1967 and Respondents in Appeal No.1 of 1 968.) Vs. Owners of the Vessel "M.L. Jalamani" Haji Mohammad Suruj Miah and anther…...

Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4

Pakistan River Steamers Ltd. Vs. Commissioner of Income-tax, Dacca Zone and another, 1977, 6 CLC (AD)

....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. ......d. This Case is also Reported in: 30 DLR (AD) (1978) 260. ......resent: Syed ABM Husain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Muaim J Pakistan River Steamers Ltd......................................Appellant Vs. Commissioner of Income-tax, Dacca Zone and another……...Respondents Judgm..

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......ury J Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Respondents Judgment February 9, 19......Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Respondents Judgment February 9, 1977. Re...... Present: Ruhul Islam CJ Abdul Momith Chowdhury J Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others……&hellip..

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......vision (Special Original Jurisdiction) Present: Ruhul Islam CJ AM Chowdhury J Abdur Rashid..................................................Petitioner Vs. Govt. of Bangladesh.........................................Respondents Judgment February 9, 1977.......tirement) 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 Parliament and for that matter of the sup...... High Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ AM Chowdhury J Abdur Rashid..................................................Petitioner Vs. Govt. of Bangladesh.........................................Respondents Judgment ..

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 ......al Original Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another………………………&helli...... Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………………&...... (Special Original Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………&hell..

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...... 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 Bangladesh vs. Messres A. T. J. Industries Ltd. and others,(1976) 28 DLR 120. Lawyers Involved......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...... Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bang­ladesh and others……………..Appellants Vs. M/s. Speedbird Navigation Co. and others………………&he..

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...... A Chowdhury J Kemaludding Hossain J Debesh Chandra Bhattacharya J Fazle Munim J M/s. Farmers & Co....................................Appellant Vs. Govt. of Bangladesh and another..................Respondents Judgment January 20, 1977. Result...... Case is also Reported in: 30 DLR (AD) (1978) 123. ...... ABM Husain CJ A Chowdhury J Kemaludding Hossain J Debesh Chandra Bhattacharya J Fazle Munim J M/s. Farmers & Co....................................Appellant Vs. Govt. of Bangladesh and another..................Respondents Judgment January 20..

Category: Property Law | Date: 20 Jan, 1977 | Hits: 62

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......nal Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Dr. Nurul Islam………………………Petitioner Vs. Bangladesh & others ……………..Respondents Judgment De......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......ial Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Dr. Nurul Islam………………………Petitioner Vs. Bangladesh & others ……………..Respondents Judgment..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5