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Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)
.... Shahabuddin Ahmed J.-These four rules issued on four separate applications under Article 102 of the Constitution have been directed against a single order of a Labour Court, being order dated 26-8-77 of the Chairman, 1st Labour Court, Dacca reinstating in service four workers of an ind......he Labour Court. Mr. Khondker Mahbub Hossain, the learned Advocate appearing to oppose the rules has contended that total absence of a member from the sittings of the Labour Court did not vitiate the decision of the Labour Court in view of the provision of sub-section (7) of section 35 of ..Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....hort facts necessary for the disposal of this appeal are that the plaintiff filed a suit for declaration that (1) the resolution of the Board of Directors of M/S. Alauddin and Taiwa Textile Mills Ltd dated 18-8-77 in which the defendant No. 1 was alleged to have been elected as a Managing, Director ......sues: 1. Is the suit barred by any law? 2. Does the plaint disclose any cause of action? Upon an elaborate discussion of the point raised by the parties and on consideration of various decisions cited in this case the first issue was decided by the learned Subordinate Judge in favour ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
.... Present: K.M. Sobhan J Abdul Momith Choudhury J Commissioner of Income Tax, Chittagong……………………Applicant Vs. Consolidated Tea & Lands Co. Ltd..........................Respondents Judgment February 16, ......on under section 10(2)(xvi) of the Income Tax Act.” 2. Mr. Mozammel Haque Bhuiyan, the learned Advocate appearing on behalf of the department frankly conceded that after the said decision he cannot urge this point and accordingly we are of the opinion that in the facts and circu..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
....sh;For the Respondent. Writ Petition No. 60 of 1977. Judgment M.H. Rahman J.-In this application under Article 102 of the Constitution the petitioner has challenged an order, dated 17.2.75 of the Collector of Customs and Excise, Dacca in Appeal No. 4 of 1975 confiscating the...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
....For the Appellant. Md. Abdur Rahim—For the Respondents. Second Appeal No. 359 of 1973 Judgment Abdur Rahman Chowdhury J.- These two applications, one for review of the order dated 14-11-77 passed by this court and another for leave to appeal under Clause 15 of the Letters P......al in part or as a whole was, whether, in the event of the appeal being decided at the instance of the surviving appellant on record, it would or would not result in two inconsistent or contradictory decisions. Another test is whether the suit out of which the appeal arose could be adjudicated in th..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....ash;For Respondent Nos. 2-4. Writ Petition No. 98 of 1977. Judgment M. H. Rahman J.–This Rule was issued calling upon the respondents to show cause why the Order No. 202-E/299(O) dated July, 29, 1976 of the Secretary, Bangladesh Railway Board (Annexure 'K' to the petitio...... 30, 1972 as a fresh entrant and that the over payment for the period from 19-2-72 to 29-11-72 was ordered to be recovered from him. The impugned order was purported to have been made in terms of the decision contained in the order dated 29.6.76 of the Ministry of Communications (Railway Wing). The ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....the respondents.
Writ Petition No. 384 of 1976.
Judgment
Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question the legality of an order dated 28-4-76 of the Chairman, Labour Court, Chittagong in Industrial Dispute Case No. 168 of 1975 a......nce claiming enforcement of his right guaranteed or secured. This contention is also found to have been raised before the learned Labour Court but was not accepted. Mr. Shaheed Alam has referred to a decision of the Supreme Court of Bangladesh dated 31-7-77 in Civil Appeal No.55 of 1977 in support o..
Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....ury—For Respondent No. 2. Writ Petition No. 765 of 1976. Judgment Shahabuddin Ahmed J. - This rule order Article 102 of the Constitution calls in question an order dated 18 12 76 of respondent No. 1. Registrar of Co-operative Societies, Bangladesh pasted in Review......wn in column 2 of the Fourth Schedule to the authority shown in column 3 and within the period shown in column 4 thereof, (2) Save as provided in this Act, no appeal shall lie against any order, decision or award passed In accordance with this Act, and every such order, decision or award shall ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Respondents. Writ Petition No. 548 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under the sign......onal finding of guilt on the conclusion of the enquiry and that before that stage is reached no 'action is proposed to be taken". In support of this contention he has relied upon a number of decisions, particularly, a decision of the Judicial Committee of the Privy Council in the case of Th..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Respondents. Writ Petition No. 548 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under the sign......al finding of guilt on the conclusion of the enquiry and that before that stage is reached no “action is proposed to be taken". In support of this contention he has relied upon a number of decisions, particularly, a decision of the Judicial Committee of the Privy Council in the case of Th..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
....ls or goods delivered to be so carried unless his claim to the refund or on compensation has been preferred in writing by him or on his behalf to the railway administration within six months from the date of the delivery of the animals or goods for carriage by railway.” 14. The word "......n, but its responsibility as a warehouse man continues until terminated in accordance with the provisions of sections 55 and 56 of the Act. This view of ours gets support from the decision in the case of The Union of India Vs West Punjab Factories Ltd reported in AIR 1966 (SC) as..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
.... the Labour Court Chittagong under section 34 of the Ordinance claiming enforcement of certain rights which they alleged were guaranteed and secured to them in terms of an Office Memorandum dated 18th May, 1974 (Annexure 'A') of the Ministry of Finance (Implementation Cell)-Governm......ourt and obtained the rules in these applications under Article 102. 4. Mr. Asrarul Hossain, the learned advocate appearing for the petitioner in all these rules, has seriously assailed the decision of the learned Labour Court Mr. Asrarul Hossain has referred to the office memorandum dated..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....ecords of the case were not however called for. The rule is not opposed and no one has appeared for the opposite party although the notice appears to have been duly served vide order of the Registrar dated 8.12.77. 3. Facts leading to this rule, in brief, are that the petitioner who is an Assoc......by unsealing their settled lives? It is not understood what compelling reasons were there for the learned Judge to pass the interim order when the question of custody is the only issue awaiting final decision by the court. In my opinion, it is just and in their interest that the minors should contin..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....y, Kazi Ebadul Hoque-For Respondents Nos. 1, 2(a) 2, (c) 3-7 Appeal from Original Decree No.14 of 1976. Judgment Suahabuddin Ahmed J. –This appeal calls in question a decree dated 28.1.75 of Mr. MA Rashid. Subordinate Judge, 1st Court, Dacca dismissing the Title suit No. 92......suit is barred by limitation On these findings he dismissed the suit by the impugned decree. 3. Mr. Serajuddin Ahmed, the learned Advocate, appearing for the appellant has seriously assailed the decision of the learned Subordinate Judge. He has contended that the principle of res judicata is no..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....Mashihuzzaman-For the Respondents. First appeal No. 44 of 1962. Judgment Shahabuddin Ahmed J.- This appeal is directed against a decree of the Subordinate Judge, Second Court, Faridpur dated 31.3.61 passed la T.S. No. 10 of 1969 declaring the plaintiffs title to the suit land. Hence t...... at best the sale was avoidable and hence remedy against it lay only in an appeal to the Commissioner under section 2 of Act Vlll of 1868. in support of this contention he has relied upon a decision of the Judicial Committee of the Privy Council, Raja Govinda Lal Roy Vs. Ramjanam Misser an..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... Mashihuzzaman-For the Respondents. First appeal No. 44 of 1962. Judgment Shahabuddin Ahmed J.-This appeal is directed against a decree of the Subordinate Judge, Second Court, Faridpur dated 31.3.61 passed in T.S. No. 10 of 1969 declaring the plaintiffs title to the suit land. Hence t...... at best the sale was avoidable and hence remedy against it lay only in an appeal to the Commissioner under section 2 of Act VIII of 1868. in support of this contention he has relied upon a decision of the Judicial Committee of the Privy Council, Raja Govinda Lal Roy Vs. Ramjanam Misser an..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....y was signed between defendant No. 5 and defendant No.6 on 25.7.77. On 13.8.77 by a letter addressed to defendant No. 5, defendant No. 6 transferred its rights and liabilities under the charter party dated 25.7.11 to defendant No.7 and the ultimate consignee in Bangladesh was the plaintiff. The ship......d there be any dispute between the owners and charterers, the matter shall be referred to three persons in London one to be appointed by each of the parties hereto and the third by two of them. Their decision or that of any two of them shall be final and for the purpose of enforcing any award, this ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....anara—For Petitioners. Kazi Abdul Wahab—For State. Criminal Revision Case No. 368 of 1975. Judgment Faizul Islam Chowdhury J.- This Rule is directed against the order dated 25.2.75 passed by Mr.A.B. Sorkar, Additional Sessions Judge end Ex-officio Special Judge, Fari......ght not to be sufficient to make the surety bond executed by the latter liable to forfeiture without any evidence taken in presence of the surety to show that the forfeiture has been cursed. The decisions in the above mentioned two cases do not appear to be applicable in the facts and circumsta..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
....r the petitioner. Rafiqur Rahman—For opposite party. Criminal Revision No. 702 of 1975. Judgment A. S. Faizul Islam Chowdhury J.-This rule is directed against the order dated 3-7-75 passed by the Sub-Divisional Magistrate, Sadar, Sylhet in Misc. case No. 118 of 1975. ......e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
....ment
M. H. Rahman J.—This is a second appeal. The appellant, Md. Abdur Rasheed, filed Title Suit No. 36 in the Court of Subordinate Judge, 1st Court, Dacca for a declaration that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacca Division, Dacca (defendant No. ......n Teacher in Nawabur Government High School (Urdu Section) on 31.12. 62 by defendant No. 2 on temporary basis in the scale of Tk. 140-275/- per month with admissible dearness allowances pending final decision after advertisement. The letter of appointment was forwarded to defendant No. 3, the Head M..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
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