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DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....irector and Professor of Medicine of the Institute of Post Graduate Medicine and Research, briefly called the IPGMR, obtained this Rule Nisi against the respondents to show cause why the Notification dated 22nd Nov, 1978 issued by the Ministry of Health and Population Control, Govt. of Bangladesh pu......f 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 of WHO at its Alexendria meeting in 1966 a..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....al Appeal No.6 of 1976. (From Criminal Revision No.62 of 1972) Judgment Mahmud Husain CJ. - This appeal by special leave is from the judgment and order of the High Court Division dated 15-11-73 in Criminal Revision No.63 of 1972 refusing to quash the order of commitment dated 20......h notice to all the persons interested in the waqf. Any person aggrieved by such an appointment may, within three months from the date of the receipt of the notice, appeal to the District Judge whose decision shall be final. The Administrator has also been given power in section 44 of the ..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....ate decree No. 204 of 1963. Judgment Abdul Wadud Chowdhury J.- This second appeal arises out of a suit for declaration that the order passed by Sales Personnel Department, Bata Shoe Company dated 7.7.59 terminating the service of the plaintiff, a shop employee of the Bata Shoe Company was ......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
....et price. The prices of the Lungies were carelessly and whimsically fixed, on 6.9.45 and again revised on 15-9-45. The stock of Lungies was sold by the officers of the defendant No. I and by a letter dated 19-11-45 plaintiff was informed that an amount of Rs. 89,245/5/9 only being the amount of comp......sain the then Subordinate Judge, 1st Court, Chittagong tried the suit who passed the decree in part against the defendant No. 1 for Rs. 1, 22, 335/8/5. with corresponding cost. Being aggrieved by the decision of the learned Subordinate Judge, the plaintiff has preferred the present first appeal bear..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....4-D & 46-D of 1968 Respondent in Civil Appeal No. 41-D of 1968). Civil Appeal Nos. 20-D to 47-D of 1968. (On appeal from the judgment and order of the High Court of East Pakistan/Dacca, dated the 2nd February, 1968 in Writ Petitions Ns.1, 7, 40 to 47, 52, 61-63, 88-92, 147, 148, 155, 2......tee cannot, therefore, be considered as unenforceable and illogical. Further, price differential was not a tax or duty which could only be imposed by a fiscal statute. 17. In supporting the decision of the High Court that Act III of 1997 is a valid piece of legislation, the learned Attorne..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....he Full Bench has been made by a Division Bench of this Court in connection with an appeal preferred against the order of conviction and sentence passed by Mr. S.S. Ahmed, Special Tribunal I, Tangail dated July 30, 1974, in Special Powers Act Case No. 43 of 1974, convicting the appellant under secti...... (4) The Appellate Tribunal may, on appeal confirm, set aside, enhance vary or modify any judgment of, or sentence passed by, a Special Tribunal, including a direction under section 34A, and the decision of the Appellate Tribunal in an appeal shall be final. (5) The Appellate Tribunal shal..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....sh;For the Appellant. Mozammel Huq Senior Advocate, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent. Civil Appeal No. 22 of 1973. (From the judgment and order dated 2-4-1970 passed by the Dacca High Court in F.M.A. No. 131 of 1968). Judgment Kemalud......Mr. Islam for the appellant company and Mr. Mozammel Huq for the Respondent Union have argued three points and in addition raised many other points and facts at great length. We, however, confine our decision to the three points contained in the leave order. 6. The first point is whether Nurul ..Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
...., Advocate, instructed by A.W. Mallik, Advocate-on-Record—For the Respondents (In both the appeals). Civil Appeals No. 61-D & 62-D of 1970. (From the Judgment and Order dated 22-4-68 parsed by the Dacca High Court in Petitions No. 295 and 296 of 1966). Judgm......ssion however has now acquired a legal connotation. Its authoritative exposition is to be found in Halsbury's Laws of England, The exposition has been cited an authority in several well recognised decisions. We, therefore, think that it is safe to adopt that meaning. In Halsbury's Laws of Englan..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....bubuddin Ahmed, Advocate, with Md. Shafiqur Rahman, Advocate, instructed by A. Rab-II, Advocate-on-Record—For the Respondent. Civil Appeal No.74 of 1977. (From the Judgment and Order dated 6-5-1976 passed by the High Court Division in F.M.A. No.46 of 1969) Judgment Kemalud......sional Commissioner's Office, Chittagong and Mr. Alimullah Chowdhury, Member of the Provincial Assembly for deciding the dispute, and an undertaking was given that he would also abide by the decision given by any one of these five persons as arbitrator. The Respondent through his attorney A..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)
.... place after lodging of the F.I.R. G. R. Case No. 448/73 was started in the Court of the Sub-divisional Magistrate, Munshiganj. After completing investigation the Police submitted charge sheet No. 10 dated 10. 6. 74 against the accused petitioners and others on 24. 6. 74 under sections 146/302/......submitted and investigation was still in progress it was not pending case within the meaning of Section 36(2) (b) of the Special Powers Act and in support of his contention he relied on the decision of the Appellate Division of this Court in the case of solicitor, Government of Bangladesh ..Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2
....spondent No. 6.
B. B. Roy Chowdhury, A.A.G.—For Respondent No. 2.
Writ Petition No. 573 of 1974.
Judgment
Fazle Munim J. — This Rule was directed against an order dated 12. 3. 73 passed by the government by which the lands in question; were withdrawn from acquisi......er addressed by the then Chairman of the authority to the Deputy Commissioner, Chittagong was sent to the Secretary, New Hawker's Market Dokandar Samity from which the petitioner learnt about the decision to withdraw the land in question from acquisition. The letter as contained in Annexure '..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....ork has not yet been taken into hand by DIT.
Subsequently one Mr. Mohd. Sahabuddin 46, Bagdasha Lane, Dacca claiming to have a floating pan-biri shop in the said space submitted a representation dated 27. 2. 74 for the allotment of the said space in his favor and the same representation has bee......ent of the space. This apparently was not done secondly, this letter itself quite clearly shows that the respondent. No. 1 did not stand by the allotment made in favor of respondent No. 3. By its own decision to put up the entire matter which raised controversy between the petitioner and the respond..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
.... S. M. Huq, Advocate-on-Record—For the Appellant. Abdur Rab-II, Advocate-on-Record—For the Respondent. Civil Appeal No. 48-D of 1968. (From the judgment and decree dated the 15th June, 1966 passed by the High Court in Appeal from Original Decree No. 77 of 1961 wi......urt is not precluded from arriving at the real rate that can fairly be gathered from the evidence and circumstances of the case. The High Court acted well within its jurisdiction in founding its decision on the measure of damages at the market rate on 19.8.55, as the rate could in the circum..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
.... Nos. 4 and 6.
Writ Petition No.20 of 1971.
Judgment
Fazle Munim J.— A rule was issued by this Court on 11th January 1971 calling upon the respondents to show cause why the order dated 2-8-69 passed by the Secretary, Revenue Department, setting aside the order of requisition of ......rpose is not justified, and (iii) since in referring to such principles he acted without jurisdiction the order passed by him is without any lawful authority. The learned Advocate referred to various decisions in support of his contentions.
3. On the other hand, Mr. Ahmed Subhan, the learned Ad..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....d nugatory. 4. Rule 2 of Chapter VIII of the High Court Rules lays down that every appeal under clause 15 of the Letters Patent shall be presented to the Deputy Registrar within 60 days from the date of the judgment appealed from, unless the Court in its discretion on good cause shown shall gra......ty and still entertain a prayer for leave in a time barred appeal?. Granting leave in such a case, I am afraid, would only be an exercise in futility. 7. The learned Advocates could not cite any decision in support of their respective contentions either of this Court or of the then East Pakista..Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....f the People's Republic of Bangladesh.) Judgment Shahabuddin Ahmed J. — In this application under Article 102 of the Constitution the petitioner has challenged the order dated 31.8.74 of the Election Tribunal, Narayanganj (Respondent No. 1) accepting the report of a Ple......esence of parties. Before doing so it must come to a finding by evidence on oath that this recounting is indispensably necessary. On this view we are supported by established judicial principles. The decisions in Stowe Vs. Jollife (1874), L.R.I.C. P-446 and "G.T. Mudaliar Vs. Sakuntala" AI..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....r, 1972. And In the of: Application No. 39 of 1973 ) Judgment Ruhul Islam J. — By this application the assessee-applicant prays for deciding a question of law arising out of the order dated the 21st July, 1973 passed by the Income Tax Appellate Tribunal, Dacca Branch, Dacca, as set o......being Income Tax Appeal No. 247 of 1973 in which the following ground was pressed :- “That the learned Appellate Assistant Commissioner-Range 'A', is not justified in upholding the decision of the I. T. O., in respect of reconstruction of sales and adopting of gross profit at 20%...Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....p;13 C. P. C. for setting aside the aforesaid ex parte decree and a Misc. Case No. 21 of 1967 was started. The plaintiff appeared in that Misc. Case and submitted their written objection and the date of hearing was fixed on written objection and the date of hearing was fixed on 10. 6. 67 but on......on. It they had held that an appeal lay they could not take the view that there was no provision in the Code expressly providing for a remedy.” I, therefore, respectfully differ from their decision." 9. Similarly in PLD 1959 (West Pakistan) Quetta 1, Muhammad Hashim Khan Vs. Maj..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
....e-sheet was submitted against the accused Golam Ali and 10 others under sections 302/120/298/384 B.P.C. read with Article 11 of the President's Order No.8 of 1972. This charge-sheet which is dated 6-4-72 was received by the S.D.O. on 22-4-72. It appears from the order dated 7-2-73 that a fn......as withdrawn as per opinion of the learned Public Prosecutor. The case dragged on for about a year and on 23-5-73 the following order was made:
"Seen prayer of Court' Inspector Ctg. and decision of the D.S C. dt. 19-5-73, perused records. S P. Ctg. is requested to cause further investi..
Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....ash;For Respondent No. 2. Writ Petition No. 1353 of 1974. Judgment Fazle Munim J.— In this petition under Article 102 of the Constitution the validity of an order dated 21-9-74. passed by the Election Tribunal, Patiya, Chittagong has been challenged on two ground......c of Bangladesh, represented by his duly constituted Attorney (Ex-officio) the commandant, Marine Academy and the petitioner it would appear that he was appointed a contractor by the Govt. 4. No decision was cited by either of the learned Advocates in support of their respective contentions. Bu..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
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