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....o. 21 & 22 of 1973
Judgment
Fazle Munim J. — These 2 petitions were heard together. The common question raised by the petitioners in these two petitions relates to the validity of Government Notification No. IM-XV-41/72/521, dated 14. 12. 72, by which the Ministry of Industries, ......Petitioner (In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Samity Ltd...Petitioner (In Writ Petition No. 22 of 1973.)
Vs.
Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both the cases)
Judgment
April 28, 1975.
......Sramik Bahumukhi Samabaya Samity Ltd...........Petitioner (In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Samity Ltd...Petitioner (In Writ Petition No. 22 of 1973.)
Vs.
Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both......her, (1969) 21 DLR S.C. 225 P.L.D. 1969 (S.C.) 223.
Lawyers Involved:
Mirza Golam Hafiz, with A.T. Chowdhury, Khademul Islam Chowdhuryr—For Petitioner (In both)
Abdul Malek, with Md. Ruhul Amin, Shamsuddiu—For Respondent No. 5.
Mahmudul Islam, Assistant Attorney Gene&..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ...... In the matter of: Am application under Article 102(2) (a) (ii) of the Constitution of the People's Republic of Bangladesh. Judgment Fazle Munim J. — This Rule is directed against an order of Awar...... Present: Fazle Munim J Shahabuddin Ahmed J Badruddin……………………………………Petitioner Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another….....Respondents ......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....rdinate Judge was clearly wrong in holding that the amendment introduced by Ordinance No. 53 of 1962 whereby Pakistan accepted the notification issued under section 2 of the Act by the late Government of India before The Independence Act; 1947 as a Notification, deemed to have been issued ...... were resisted, by the petitioner denying the material allegations of the opposite party and praying for dismissal of the suits on the ground, inter alia, that the said awards were not enforceable in Bangladesh. 4. On the prayer of both parties the learned Subordinate Judge took up the question...... High Court Division (Civil Revisional Jurisdiction) Present: D.C. Bhattacharya J S. M. Mohsen Ali J Messrs. Haji Azam………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 2......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....of Bengal and thereafter by the Province of East Bengal, on the allegation that the disputed char was partly a reformation in situ of the lands of, Mouza Kalupura and Char Ananda Part III, which were Government estates, and partly accretions to the said estates. 4. The suit was decreed in part ......lso Reported in: 27 DLR (HCD) (1975) 534 ......) Present: D. C. Bhattacharya J S. M. Mohsen Ali J Bangladesh………………………………........Appellant Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 1.......L.R. 214; P.L.D. 1960 S.C. (Pak.) 179. Lawyers Involved: Fakir Shahabuddin, Attorney-General Ismailuddin Sarkar, Asstt. Attorney General—For the Appellant. Habibur Rahman, Md. Ayub Shah & Md. Sharif—For the Respondent. F. A. No. 235 of 1968 Judgment ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ......asions the judgment-debtor appeared through a lawyer, though not personally. On 11.6.71 the delivery of possession of the property was given to the auction purchaser. Then came the liberation of Bangladesh on 16th December, 1971. On February, 7, 1972 President's Order No. 12, 1972 was promu...... (Civil Revisional Jurisdiction) Present: K. Hossain J Badrul Haider Chowdhury J Abdur Rahman Chowdhury J Sayed Maksud Ahmed.........................Petitioner Vs. Sunil Kumar Basu & others………………….Oppos......ar Basu & others………………….Opposite Parties Judgment April 11, 1975. Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muhammad PLD..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ......ya J A. Rahman Chowdhury J Shahiduddin Iskandar……………………………………Petitioner Vs. Bangladesh Election Commissioner & others…......Respondent Judgment April 4, 1......hattacharya J A. Rahman Chowdhury J Shahiduddin Iskandar……………………………………Petitioner Vs. Bangladesh Election Commissioner & others…......Respondent Judgment A......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....Deputy Custodian of the Enemy Property, One of the opposite parties. 3. Mr. Khondker has raised two points, the first is that the plaintiffs were in substance, challenging an action taken by the Government purported to have been exercised under some statutory power to be null and void, and inco...... Court Division (Civil Revisional Jurisdiction) Present: A. I. Chowdhury J K Hossain J Sree Sree Radha Krishna Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment Marc...... High Court Division (Civil Revisional Jurisdiction) Present: A. I. Chowdhury J K Hossain J Sree Sree Radha Krishna Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment .........................Opposite parties Judgment March 5, 1974. Result: The rule is made absolute. Cases Referred to- Kumudini Welfare Trust of Bengal Ltd. (1959) 11 DLR 57; Md. Yasin (1974) 26 DLR 82;Mt. Sushila Devi Vs. Ram Kishan Das and others, A.I.R. 1943 Lahore 39; C...Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....demolition of the structure constructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa from the defendant Government. There was also a prayer for a permanent injunction restraining the defendants from takin......Civil Jurisdiction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent Judg......Original Civil Jurisdiction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent ......7 DLR (HCD) (1975) 541 ..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
.... way of compensation for illegal and wrongful taking of the said money together with charges amounting to Tk. 802/11 /- The total claim thus was laid at Tk. 11.000/-. 4. The defendant, erstwhile Government of East Bengal filed a written statement and contested the suit. The case of the defendan......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ...... High Court Division (Civil Appellate Jurisdiction) Present: K. M. Subhan J Abdul Mumith Chowdhury J Govt.of the then East Pakistan..........................Appellant Vs. M/s. Lucky Biri Company.................................Respondent Judgment Janua......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
.... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
...... Civil Jurisdiction)
Present:
Debesh Chandra Bhattacharya J
Faizul Islam Chawdhury J
Md. Obaidul Akbar........................Appellant
Vs.
East Pakistan Provincial (now Bangladesh) Cooperative Bank Ltd..........Respondent
Judgment
......
High Court Division
(Original Civil Jurisdiction)
Present:
Debesh Chandra Bhattacharya J
Faizul Islam Chawdhury J
Md. Obaidul Akbar........................Appellant
Vs.
East Pakistan Provincial (now Bangladesh) Cooperative Bank Ltd...... 27 DLR (HCD) (1975) 523
..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....been urged on behalf of the petitioners that cognizance has been taken of the persons who were acquitted by the learned Assistant Sessions Judge and against which there was no appeal preferred by the Government. It has further been urged |ha| the learned Sessions Judge before taking fresh cognizance......ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237. ......ction) Present: K. M. Subhan J S. M. Mohsen Ali J Abdul Wadud Sikder and others....................Petitioners (In C.R. No.176 of 1970) and (In C.R. Nos. 202 to 208 of 1970) Vs. State.........................................Opposite parties (In all the revisions) ...... State.........................................Opposite parties (In all the revisions) Judgment June 4, 1974. Result: The rules are made absolute. Cases Referred To- Md. Shafiullah Vs. the State (1957) 19 DLR page 254 (259); Aminul Haque Vs. The Crown (1951) 3 DLR (..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....e, taken made or issued under the corresponding provision of this Act " 15. It is to be noted that under section 42 of the Labour Disputes Act, 1965 the legislature conferred upon the Government the power to make rules for carrying into effect the purpose of the Act. The releva......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ......Appellate Division (Civil) Present: AM Sayem CJ Syed AB Mahmud Husain J AFM Ahsanuddin Chowdhury J Aminul Islam and others. ....................Appellant. Vs. M/s. James Finlay & Co. Ltd. Khulna............Respondent (In Civil Appeal No. 1 of 19......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....ip;……Opposite Party Judgment March 8, 1974. Result: The Rule is made absolute, Allowed Case Referred to- (1967) 19 DLR (SC) 403-Golam Jilani Vs. The Government of West Pakistan, P.L.D. 1967 (SC) 373, Abdul Baki Vs. The Government of Pakistan, (1963)......se is counter-plotting (?) to be started against him for making conspiracy, waging war against State and other anti-Bangladesh movements. For further investigation and development of the case it is necessar......onal Jurisdiction) Present: Fazle Munim J A.T.M. Masud J Tafur Uddin………………………………Appellant Vs. The State …………………………&......cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
....9, impleading the petitioner Haji Gura Meah Shah as purchaser opposite party No.1 and the vendor opposite party Nos. 2 and 3 and other co-sharers of the khatian as opposite party Nos.4-6 and the Government of Bangladesh as opposite party No.8. 3. Purchaser petitioner Haji Gura Mia conteste......the petitioner Haji Gura Meah Shah as purchaser opposite party No.1 and the vendor opposite party Nos. 2 and 3 and other co-sharers of the khatian as opposite party Nos.4-6 and the Government of Bangladesh as opposite party No.8. 3. Purchaser petitioner Haji Gura Mia contested the case by ......il Revisional Jurisdiction) Present: Md. Habibur Rahman J Syed Mohammed Ali J Gura Meah Shah & others ………………….Petitioners Vs. Zahir Ahmed and others.....................Opposite Patties Judgment February 7, ......i, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160 ..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
.... which has been passed in pursuance of Ordinance No. 1 of 1964 should not be interfered with because this Ordinance was enacted in furtherance of a public policy and has been accepted to be so by the Government of Bangladesh and the learned Advocate has drawn my attention to a newspaper notice purpo......n passed in pursuance of Ordinance No. 1 of 1964 should not be interfered with because this Ordinance was enacted in furtherance of a public policy and has been accepted to be so by the Government of Bangladesh and the learned Advocate has drawn my attention to a newspaper notice purported to have b......ivision (Civil Revisional Jurisdiction) Present: Debesh Chandra Bhattacharya J Abdul Majid Bepari………………................Petitioner Vs. Kashem Ali Maloo..............................Opposite Party Judgment January 22,......uary 22, 1974. Result: Rule is made absolute. Cases Referred to- Chittaranjan Sutar Vs. Secy. Judicial Department, 17 DLR 451;State Vs. Dosso, 11 DLR (SC) 1; Prov. of E.P.Vs. Md. Mehdi Ali Khan, 11 DLR (SC) 318; Abul A'ala Moududi Vs. Govt. of W. Pak., 17 DLR (SC) 209; C..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
....ing any article or substance with a view to their use, transport, sale delivery or disposal, is carried on and includes any dock, wharf, jetty, or such other class of establishments as the Provincial Government may, by notification in the official gazette, declare to be an industrial establishment f...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ...... ...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
................................Petitioner Vs. Province of E. P. (Bangladesh) & others .......Respondents Judgment July 13, 1973. Result: The Rule is made absolute. Government Service- Dismissal of on the ground of Corruption practice The petitioner was charg......nbsp; Mir Alauddin Ahmed...............................Petitioner Vs. Province of E. P. (Bangladesh) & others .......Respondents Judgment July 13, 1973. Result: The ......sp; Mir Alauddin Ahmed...............................Petitioner Vs. Province of E. P. (Bangladesh) & others .......Respondents Judgment July 13, ......de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393 ..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
....r Court shall consist of a Chairman and two members to advise the Chairman, one of the members to represent the employers and the other to represent the workmen, all being appointed by the Provincial Government)
10. A reference to the corresponding provision of the repealed enactment will be fr......he Proclamation of Martial Law dated 25.3.1969. This Writ Petition is a pending Writ Petition in terms of sub-clause (3) of clause 6 of Schedule IV of the Constitution of the People's Republic of Bangladesh read with sub-clause (5) (a) of clause 6. Mr. Asrarul Hossain, the learned Advocate appea......inal Jurisdiction)
Present:
K. Hossain J
M. N. Huda J
National Bank of Pakistan, represented by the Supdt. of Admn. Local Principal Office, Motijheel, Dacca........Petitioner
Vs.
1. Mr. Md. Golam Mostafa, Ex-Junior Clerk; National Bank of Pakistan, Khulna.
2. Third......n)
Present:
K. Hossain J
M. N. Huda J
National Bank of Pakistan, represented by the Supdt. of Admn. Local Principal Office, Motijheel, Dacca........Petitioner
Vs.
1. Mr. Md. Golam Mostafa, Ex-Junior Clerk; National Bank of Pakistan, Khulna.
2. Third Lobour Court, K..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....le has been annexed as Annexure "A" to this affidavit-in-opposition. This respondent thereafter purchased the said holding by a kabala dated 11-12-64 from his wife Mrs. Afioz Jahan. He is a Government servant and took house building loan of Tk. 5,808/- from the Government keeping holding i......sh;For Respondent No. 2. Petition No. 42 of 1973. Judgment Ahsanuddin Chowdhury J. - This is a petition under Article 102 of the constitution of the People's Republic of Bangladesh. On this petition the petitioner obtained the present Rule against the judgment and order......preme Court High Court Division (Special Original Jurisdiction) Present: Ahsanuddin Chowdhury J K. M. Sobhan J Md. Abdul Huq Miah. Advocate..............Petitioner Vs. 1. Additional 'District Judge, 1st Court, Dacca, Chairman, Special Tribunal under ......lso Reported in: 27 DLR (HCD) (1975) 163 ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
.... obtaining a receipt from her made the same over to the plaintiff. Thereafter, the plaintiff got the suit land recorded in the Rent Roll on the basis of the aforesaid kabala and also paid rents to Government. Defendant No.1, Narendra Nath Pal, son-in-law of Profulla filed an objection under sect......le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ...... Supreme Court Appellate Division (Civil) Present: AM Sayem CJ Muhammad Abdullah Jabir J Md. Shahed Faruque………………..........................Petitioner Vs. Mosammat Matiunnessa Khatun and others........Respondents Judgment February 2, 1...... Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
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