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

....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.   ......d to our dismay that the detaining authority has invoked rule 2(c) along with rule 5(a) in justification of the order of the detention. We have shown by above analysis that rule 2(e) has no manner of application in the matter of apprehension and detention. Rules are framed under the enactment. The p..

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)

....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.     ......ages and fringe benefits of workers of the said Shipyard which is a state owned manufacturing industry managed by a Sector Corporation established under the P.O. 27/72. The rule has been issued on an application filed by the petitioner, a registered trade union of workers of the said industry claimi..

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)

....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.   ...... Lawyers Involved: Mohammadullah—For the Petitioner. Anwarul Huq Chowdhury, Deputy Advocate General—For the Respondents. W.P. No. 98 of 1974. In the Matter of An application under Article 102 of the Cons­titution of the People's Republic of Bangladesh. ..

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

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.   ......ok cognizance of the offence alleged against the petitioner and Ismail Member on 5th January, 1977 as shown in column 2 of the charge-sheet This order of the Special Tribunal has been impugned in the application. 4. Petitioner's contention is that regard being had to the provision of sectio..

Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2

Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)

....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. ......y two different pre-emptors under section 96(1) of the State Acquisition and Tenancy Act hereinafter referred to as the Act. 2. Tahrul Karim alias Tuhurul Karim Khan Chowdhury filed an application under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the a..

Category: Property Law | Date: 7 Jun, 1977 | Hits: 5

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

....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.   ......y—For the petitioner. M. M. Huq, Asstt. Attorney-General—For the Respondents. Writ Petition No. 149 of 1971. Judgment Shahabuddin Ahmed J.—This Rule issued on an application under Article 98 of the late Constitution calls in question an order in appeal dated 17...

Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3

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. ......Involved: Mirza Golam Hafiz with Mr. Md. Abdul Aziz—For the petitioner. No one—For opposite party. Judgment Abdur Rahman Chowdhury J.—This rule arises out of an application for quashing the proceedings in C.R. case No. 98 of 1976 pending in the court of Sub-div..

Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1

M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)

....-52. Sub­sequent to the issue of the notice the appellant's case was transferred to the Special Circle, crea­ted under the Central Board of Revenues notification dated 24-8-51 whereupon a fresh no­tice dated 31 8-51 was issued to the appellant under section 21(2) of the Act by the In......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.   ...... Lawyers Involved: Nizamuddin Haider—For the Petitioner. Faruque Ahmed—For Respondent No. 2. Petition No. 1365 of 1974. Judgment Ruhul Islam CJ.—This application is directed against the judgment and order dated 20th August, 1974 passed by the Labor C..

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)

....f Chief Executives including the Manager to be transferable from one Jute Mill to another or to the Corporation with continuity of service, and on transfer to the' Corporation's Head Office a fresh appointment letter will be given to the individual incumbent and allow him continuity of servi...... Lawyers Involved: Moudud Ahmed—For the Petitioner. M.Hqfizullah—For Respondent Nos. 1 & 2, Writ Petition No. 337 of 1974 Judgment M.H. Rahman J.- In this application the petitioner has challenged the order dated 8.2.74 of the Secretary, Bangladesh Jute I..

Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2

Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)

.... for the petitioners has argued that the learned Sub-divisional Magistrate having once discharged the accused on perusal of the police report could not legally reopen the matter and again entertain a fresh complaint on the same facts and summon the accused-petitioners. 4. Mr. A. K. M. Shafiqur ......the Petitioner. A.R.M. Shafiqur Rahman—For the Oppo­site Parties. Criminal Revision No. 1274 of 1974. Judgment Abdur Rahman Chowdhury J.—This rule arises out of an application for quashing the proceeding in C.R. Case No. 716 of 1973 pending in the Court of Sub-Div..

Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1

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.         ......ibutory negligence. In this case the principle that a plaintiff who has voluntarily exposed himself to a known risk cannot recover the damages, is not applicable. This question is to be determined by application of section 1 of Maritime Convention Act, 1911. It may be mentioned here that t..

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

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.     ...... to know of the transfer on 24-8-1966. As such they have applied for pre-emption within the time prescribed, making the necessary deposit. 3. The transferee did not contest the case but filed an application to be added as a co applicant paying for pre-emption. His case was that he was also the ..

Category: Property Law | Date: 8 Mar, 1977 | Hits: 3

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

....merger to rectify his original assess­ment order. 13. It appears that no notice has been taken in that case of the fact that pursuant to the appellate order the Income-tax Officer had made a fresh order of assessment and that the final order in existence was not the appel­late order but......of 1967.) Judgment Debesh Chandra Bhattacharya J. - This appeal by special leave is against a judgment of a Bench of the Dacca High Court, discharging a Rule obtained by the appellant on an application under Article 98 of the late Constitution of Pakistan. 2. The appellant a Company i..

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)

....he Act, 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: 31 DLR (HCD) (1979) 233   ......san-For the Petitioner. Sultan Hossain Khan, Deputy Attorney Ge­neral—For the Respondents. Writ petition No. 1025 of 1974   Judgment Ruhul Islam CJ.- In this application legality of the order dated 25th July, 1974 directing the compulsory retirement of the p..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1

Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....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.   ...... Manzurul Ahsan—For the petitioner. Sultan Hossain Khan, Deputy Attorney-General—For respondents. Writ Petition No.1025 of 1974. Judgment Ruhul Islam CJ.—In this application legality of the order dated 25th July, 1974 directing the compulsory retirement of the p..

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)

....nting renewal of the lease, as a matter of course, as provided in the lease deed, the authority unnecessarily kept the matter pending for an indefinite period; and that in 1972 the petitioner filed a fresh application for renewal of the lease, but the same was rejected wrongly on 16th April, 1974 by......the Petitioner. Mostafa Kamal, Advocate-General with Quazi Shafiuddin Ahmed and A. H. Md. Saadat Ali Khan—For the Respondents. Writ Petition No. 495 of 1974. In the matter of an application under Arti­cle 102(2) (a) and (ii) of theConstitutionof the People's Republic of..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)

....tion and other interlocutory orders, passed in such suits, appeal, applications and other legal proceedings shall cease to have any effect; and no court shall entertain, and no person shall bring any fresh suit, ap­peal, application or other legal proceedings in which the legality or validity of......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. An ex parte order was made by the learne..

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

Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)

....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......the administration and management of a waqf property and institution attached thereto. In the instant case it does not come within the purview of section 44 of the Ordinance. There is no room for the application of the "ejusdem generis doctrine" unless there is a genus or category. The wor..

Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....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.   ......5/5/9 only being the amount of compensation for stock, of Lungies was lying in the local treasury under the Head 85(A) Capital Outlay and the plaintiff could withdraw the said amount on making proper application to the District Controller Civil Supply, Chittagong. The plaintiff made an application b..

Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3