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R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....ager with effect from 11 74 (sic) "in recognition of their sincere services". But on a direction from the Textile Mills Corporation (briefly the Corporation) the General Manager by an order dated 25-6-74 cancelled all the promotions and increments whereupon the respondents filed two separa......it Petition Nos. 252 and 194 of 1976 Judgment Shahabuddin Ahmed J.—These two rules, issued on two applications under Article 102 of the Constitution call in question certain decisions of the Chairman, Labor Court, Chittagong in Industrial Dispute Cases Nos.68 and 69 of 1975..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
....ing the R.S. operation and after his death his heirs including the plaintiffs were in actual possession of the suit property. It further considered that defendants Nos. 2 and 3 by a registered kabala dated 20th Aswin, 1357 B.S. purchased a portion of the inherited share of the widow of Mujahar Ali a...... interest with the parties to the suit, is in no view a cotenant with them, but stands out on his own independent right and denies all right in his adversaries, can be drawn into a partition suit for decision of the question of title paramount. But, in any view, the principle appears to us to undoub..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....ddressed to the Associate Professor of Medical Jurisprudence, Dacca Medical College, there is no endorsement anywhere in the report to show that it ever reached him or was shown to him. The report is dated 23-8-68 and the earliest endorsement is dated 10-10 68 by the Sub-Divisional Magistrate. The r......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
.... Writ Petition Nos. 444 and 447 of 1978. Judgment Shahabuddin Ahmed J.- These two applications under Article 102 of the Constitution of Bangladesh call in question a Notification dated the 21st April, 1978 of the Chief Election Commissioner respondent No. 1 declaring that an ele......ding and knowledge that in the case of any collision between the Constitution and the Proclamation it is the Constitution which shall give way. 11. Mr. Fakir Shahabuddin has lastly referred to a decision of the Supreme Court of Pakistan in the case of Asma Jilani Vs. Government of the Punjab P...Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....usband Erpon Ali and killed him by gun shot. 3. The learned Sub-divisional Magistrate taking cognizance forwarded the petition to the Q.C. Bajitput P.S. whereupon Bajitpur P.S. Case No 203(3)/76 dated 9-3-76 was started against 7 accused persons under sections 148/149/448/302/364 B.P....... proclamation of Martial Law and no writ could be passed against the Chief Martial Law Administrator. Again, the question was raised as to the jurisdictional aspect. Lahore High Court in a Full Bench decision in the case of Mir Hasan, reported in PLD 1969 Lahore, 786 declared that this power of the ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....id report and other material evidence on record, and (d) where the report referred to in clause (b) is not submitted, or where objection referred to in clause (c) is filed, the Court shall fix a date for hearing and on that date after bearing the parties and taking into consideration the report......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......, title and interest in the suit plots and without adverting to the oral evidence of the P.Ws. as to the plaintiffs possession in the suit land the Court of appeal below erred in law in reversing the decision of the trial Court. He has also complained that the lower appellate Court's finding, ba..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....eal from Appellate Decree No. 920 of 1965 Judgment Abdul Wadud Chowdhury J. - This second appeal is directed against the judgment and decree passed by the learned Subordinate Judge, Jessore dated 25.7.1964 in Title Appeal No. 63 of 1964 affirming those passed by the learned, Munsif, 2nd Co......re, no appeal or second appeal is provided for against the said order of dismissal Mr. Syed Mohammad Ali, the learned Advocate for the respondents in support of his contention has referred to certain decisions e.g. 44 C.W.N. 745 (S.M. Jamiran Khatoon Vs. The Secretary of State for India in Council a..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....arate entities and as such their incomes should not have been tagged together. The Tribunal after hearing the parties accepted this contention of the assessed and reversed the decision by their order dated 14.9.70 and held that the incomes of the two firms should not be tagged together observing tha...... the firms together and made assessment there on taking the ground that the partners and their shares being the same two firms formed a single entity for the purpose of assessment of income tax. This decision was upheld by the Asst. Commissioner of Income Tax in appeal in the case of assessments for..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....approved by the Syndicate of the University and if any result has to be cancelled, it must also be approved by the Syndicate. It has been pointed out that the letter of the Controller of Examinations dated 3-6-77(Annexure 'G' to the affidavit in reply), conveying that a decision for cancella......ning" would be awarded to the students on the basis of the average of the marks obtained by them in assignment/tutorial work in other papers. The teachers of the Department were informed of this decision- The students also knew about this alternative arrangement and they did not raise any objec..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....rties and their lawyers visited the area and found tension in the area and he considered that the property Should be attached and accordingly asked the parties to argue the matter on 25-5-56. On that date (25 5-56) the Magistrate passed after hearing the argument the order of attachment without draw......Cr.P.C. can attach the disputed property after drawing up formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” 2. The learned Single Judge noticed two decisions of this court, namely, the case of Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291 and an..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....rties and their lawyers visited the area and found tension in the area and he considered that the property should be attached and accordingly asked the parties to argue the matter on 25-5-56. On that date (25 5-56) the Magistrate passed after hearing the argument the order of attachment without draw......sp;Cr.P.C. can attach the disputed property after drawing op formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” The learned Single Judge noticed two decisions of this court, namely, the case of Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291 and an..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ......lant. Syed Moinul Haque—For the Respondents. Appeal from Appellate Decree No. 451 of 1965. Judgment M. H. Rahman J.- This appeal, by defendant No. 1, is directed against the decision of Mr. Anwar Hossain, Additional District Judge, 3rd Court, Bakerganj, in Title Appeal No. ..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....resumption that attaches to a record of right under section 103-B of the Bengal Tenancy Act is only this that the entry in the record of right represents the correct state of affairs on the date that it was prepared. 'Whether that state of affairs is continued even afterwards is not a ......or Appellant. B. N. Chowdhury—For Respondent. Appeal from Appellate Decree No. 380 of 1965 Judgment M. H. Rahman J.- This appeal, by defendant No. 1, is directed against the decision of the Subordinate Judge, Bogra, in Title Appeal No.36 of 1963 reversing that of the Munsif..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....and not a mortgage the suit for redemption was not maintainable. It was further contended by them that plaintiff No.1 failed to give possession and the defendants neither possessed the land, from the date of meadi patta nor did they enjoy any usufructs. Plaintiff No. 1 claimed to have got the suit l......;For the Appellant. No one—For the Respondent. Appeal from Appellate Decree No. 375 of 1965. Judgment M.H. Rahman J.-This appeal, by the plaintiffs, is directed against the decision of the learned Subordinate Judge, 1st Court, Faridpur in Title Appeal No. 250 of 1963 affir..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....both the appeals). B. Hossain, Advocate-on-Record - For Respondent No.3 (In Civil Appeal 62 of 1978). Civil Appeal Nos. 62 & 78 of 1978. (On appeal from the judgment and order dated December 5, 1977 passed in Writ Petition Nos. 395 and 396 of 1977 by the High Court Divis......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
....M. Haque—For the Respondent
Writ Petition No. 630 of 1977
Judgment
Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question an order dated 22-8-77 (Annexure-G) of respondent No. 3, Director, Bangladesh Council of Scientific & Ind......ubstance in the contention that the impugned order was made in haste or without proper application of mind. We have discussed these questions touching the merit of the application in view of a recent decision of the Supreme Court in a case reported in 29 D.L.R. 41. Their Lordships have laid down a p..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....neral—For the Respondents. Writ Petition No. 865 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question an order dated 10.9.77 of Respondent No.1 Secretary, Ministry of Land Reforms Govt. of Bangladesh, passed in ......n 4A of the Emergency Requisition of Property Act to revise any order in connection with requisition or derequisition. 4. In support of the first contention, Mr. Shafiuddin has cited a decision of the Appellate Division or the Supreme Court reported in 27 DLR (AD) 65. There it has bee..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
....bsp;29 of the Sales Tax Act being not applicable to the case notice was wrongly issued. It was further argued that the imported article was exempt from Sales Tax under the Sales Tax Notification dated 5.12.1962.
3. The Income Tax Appellate Tribunal by its order dated 3.7.72 allowed the app......ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
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Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)
....For Respodent No. 2. WritPetition No. 593 of 1977. Judgment Shahabuddin Ahmed J.- This rule under Article 102 of Constitution calls in question the legality of an order dated 26-7-76 of the Election Tribunal at Comilla (Second Court of Munsif) setting aside the petitio......have been different since margin of votes between these two candidates was small. However, their validity should be ascertained now in accordance with law. In view of this position the Tribunal's decision declaring respondent No. 2 as duly elected cannot be upheld. The case should be sent back t..Category: Election Law | Date: 17 Feb, 1978 | Hits: 7
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