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Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)

....om his order of dismissal to his reinstatement. The order of reinstatement in that case was as follows: “The orders of your removal from service issued by this office letter of even number dated the 1st July, 1953, are hereby cancelled and you are hereby directed to report for duty to the...... as Misc. Case No. 63 of 1962. The authority under the Payment of Wages Act who was the Munsif 1st Court, Chittagong. Sadar, dismissed the Misc. case, but the appeal to the District Judge against the decision of the Authority (Munsif) was allowed and the case was remanded back for disposal according..

Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1

Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....f the property is absent— The owner may be absent or his whereabouts may not be known but if his family members or heirs, as the case may be, are present in Bang­ladesh on the relevant date his property cannot be treated as abandoned property…….(3)    ...... and marked as Annexure 'C' The Officer who issued this letter examined ail the documents and the certificate of nationality which were produced in pursuance of this letter before him. But no decision of the government was communicated to the petitioners until the order dated 14. 5. 74 regre..

Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7

Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)

....a Co. Ltd. for condoning the delay in holding the Annual General Meeting for the year 1972 with a prayer for directing the petitioner to hold the said Annual General Meeting within six weeks from the date of drawing up of the order. 2. It is stated in the petition that the company carries on bu......In his objection he has denied that the company was regular in calling annual general meeting and that the last annual general meeting in 1972 was duly held on 30.12.72: According to him there was no decision by the Board of Directors about the placing of the audited balance-sheet on 31-12-73 and th..

Category: Corporate Law | Date: 20 May, 1975 | Hits: 2

Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)

....eem-Al-Razee with A. T. Chowdhury. Advocate—For Respondent No. 5. Petition No. 316 of 1974. Judgment Fazle Munim J. — In this petition the order of the Election Commission dated 5.2.74 directing the respondent No. 3 to act according to the provision of Rules 41(5) and 43 ......ition No. 185 of 1974 which we decided on 9.4.75, we already held that a breach of the rules 40 and 41 of the Election Rules vitiated the result declared by him. We have no reason to depart from that decision. In the circumstances the impugned order is declared to have been made without lawful ..

Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

.... the learned Subordinate Judge rejected the claim of the plaintiff for damages for shortening of the expectation of life of the plaintiff, for the loss of the extra earning of the plaintiff since the date of the occurrence until his death, for mental shock etc. and sufferings of the wife and childre...... to the Advocate's submission, would be liable for the damages jointly as well as severally and the decree for the entire damages could be awarded against him. In support of this view a number of decisions have been cited by Mr. Abdul Hamid, the learned Advocate for the respondents, of which ref..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5

Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd Vs. Govt. of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....le 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, placed some Abandoned Industrial Units under ......will be free to reject any offer if, in its opinion, the Co-operative Society concerned lacks the financial resources and/ or the expertise necessary for running, the industrial unit efficiently. The decision of the Disinvestment Board with regard to the terms of sale and all other connected matters..

Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3

Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)

....and Convention) Act, 1937, which were numbered as Title Suit Nos. 3 and 4 of 1973. Prayer was made in the said applications for a decree of Tk. 8, 813, 76 and Tk. 37,931.00 on the basis of two Awards dated 19. 6. 68 and 15. 8. 68 respectively passed by an Arbitrator in London. 3. These applicat......the aforesaid Act was removed by Pakistan by amending the said Act by enacting Ordinance 53 of 1962. The present Rules have been obtained by defendant No. 1 of the said suits as against the said decision of the learned Subordinate Judge. 5. Mr. Moinul Hossain, the learned Advocate appearin..

Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3

Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC

....erred an appeal against the said decree to the Dacca High Court being F A. No. 52 of 1948. This appeal was heard by a Division Branch of the said Court, (Murshed and Idris Ji), who, by their judgment dated 14-7-1960, allowed the appeal in part, holding that Char Ananda part III which was a Govt. Est......is not applicable to the present case as the order of remand passed by Dacca High Court was not appealable and in support of his contention reliance has been placed by learned Attorney General on the decision of Indian Supreme Court in the case of Satyadhran Ghosal and others Vs. Smt. Deorajin Debi ..

Category: Property Law | Date: 17 Apr, 1975 | Hits: 2

Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)

....ed several other proceedings relating to auction sale but, we are, in this revisional case, concerned with this case. During the pendency of this case, the liberation war started, and on 15.5.71, the date fixed for decree-holder opposite party to file objection, the case was dismissed for default fo...... a challenge to the validity of the order dated 18.2.72 passed by the court below, treating the order dated 15.5.71 null and void though that order is not formally under challenge. Mr. Huq citing the decision of the Supreme Court of Pakistan in Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR ..

Category: Property Law | Date: 11 Apr, 1975 | Hits: 4

Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)

....e election of the Chairman of Noakhali Pourashava on the ground that there were certain unauthorized papers in the ballot boxes at the P.T.I. Maizdi Polling station. 2. The petitioner was a candidate for the office of Chairman of Noakhali Pourashava and the election was held on the 21st Decembe......n alternative remedy by way of a petition before the Election Tribunal, the Constitutional remedy is not available to him. 7. In support of his contention Mr. Sobhan has cited, before us several decisions namely; the case of Imtiaz Ahmed Vs. Ghulam Ali and others (1963) 15 DLR (S.C.) 283 PLD 19..

Category: Election Law | Date: 4 Apr, 1975 | Hits: 2

Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)

....of Md. Yasin the plaintiff made the following prayer in their plaint: “(a) That a decree be passed declaring that the purported order of cancellation of allotment bearing No. 422(64) Relf. dated 5-6-65 and the purported letter of reallotment bearing No. 298 (52)1/II Relf. dated 3-5-66 are...... He submits that the Tea Estate as well as the Bank account are concrete properties whether movable or immovable and as such there is good objective standard to value the suit. He has referred to the decision in the case of Kumudini Welfare Trust ox Bengal Ltd. Vs. Pakistan and others (1959) 11. D. ..

Category: Property Law | Date: 5 Mar, 1975 | Hits: 2

Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)

....ocate—For the Res­pondent No.1. Ex-parte—Respondents Nos. 2-10. Civil Appeal No. 8-D of 1971. (On appeal from the Judgment and order of the High Court of East Pakistan, Dacca date the 3rd August, 1967 in Civil Revision No. 537 of 1964). Judgment Kemaluddin Hossain ......order of the High Court of East Pakistan, Dacca date the 3rd August, 1967 in Civil Revision No. 537 of 1964). Judgment Kemaluddin Hossain J.—This is an appeal by Special leave from the decision of a learned Single Judge of the High Court, Dacca passed in Revision. 2. Landlord-Respon..

Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271

Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)

....Rs. 27373/5 annas 6 Paisa from the defendant Government. There was also a prayer for a permanent injunction restraining the defendants from taking any step in pursuance of the said requisition notice dated 19. 4. 57. 2. It has been stated in the plaint that the plaintiff was the owner of C. S. ......under Sections 5 and a 6 of the East Bengal Act of 1953 were unlawful and the Government is liable for damages on that account. 13. There remains now the question whether the decision which has been given in the writ petition No. 145 of 1957 by the Dacca High Court and affir..

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)

....f's Lucky Biri Company. 3. It is the case of the plaintiff that they sent biris of their manufacture by train to M. Kudratullah of Saidpur, District Rangpur under Railway Receipt No. AO50061 dated 24.10.51 and forwarded the railway Receipt through the Central Bank of India Ltd. Calcutta for...... has placed his reliance on the theory of Lifting the Veil and referred to the Principle of Modern Company Law, 3rd Edition by L.C.B. Gower page 189. The relevant passage is at pages 210 and 211. The decision in the case of Gilford Motor Co. Vs. Horne reported in Law Report (1933) 1 Ch. Division pag..

Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3

Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co¬operative Bank Ltd, 1975, 4 CLC (HCD)

.... at 9%interest per annum with monthly rests, which was a fraudulent insertion subsequently made by the defendant Bank and was absolutely illegal and unjust. The plaintiff received a registered notice dated 31.8.54 from the Manager of the Bank intimating that unless the plaintiff redeemed he hypothec......Allahabad case that the provision of section 176 does not contemplate that the pawnee should give the pawnor information of the actual date, time and place of the sale. It appears that this decision of the Allahabad High Court has been the basis of a number of subsequent judicial views and..

Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3

Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)

....that appellants were threatening the complainant and the witnesses and thereby tampering with the evidence. Under order of the Sessions-Judge the appellants appeared in his Court on 16.8.73 on that date the learned Sessions Judge cancelled their bail and remanded them to custody whereupon a Rule......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ..

Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7

Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)

....ainst the Judgment and order passed by the learned Sessions Judge on 31-12-69 in Criminal Appeals No. 252 to 259 of 1969 of the Court of Sessions Judge, Faridpur. 2. In these petitions the order dated. 2-1-70 passed by The Senior Special Judge has been challenged. The order runs as follows:- ......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.   ..

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)

....ab-II, Advocate-on-Record-For the Appellant (In Civil Appeal No. 2 of 1972). Civil Appeal Nos. 1 & 2 of 1972. (From the judgment and order of the erstwhile High Court of East Pakistan dated 7-6- 68 passed in First Miscellaneous Appeal No. 4 of 1968) Judgment Ahsanuddin Ch......this point, rule 34(1) and sub-section (6) of section 9 are quoted below — Rules 34(1) of the Industrial Disputes Rules, 1960: "34. Award.—(1) While giving an award for a decision, the Chairman shall consider the advice given to him by the members of the Court although h..

Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134

Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)

....t to the Court:   “Government of the People's Republic of Bangladesh, Office of the D.I.G. Prisons, Dacca Div., Central Jail, Dacca.   Memo. No. 6566 dated 4-12-73.   In The Court of Sessions Judge, Dacca.   Subject: Rep......der detention or being satisfied that a person is indulging if any prejudicial activities as provided, under the afore said provision or provisions similar to those has been considered in a number of decisions, the latest being the case of (1967) 19 DLR (SC) 403-Golam Jilani Vs. The Government of We..

Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2

Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)

....re. Judgment Mohammed Habibur Rahman J.—This is an application for issuing rule upon pre-emptor opposite party No.1 Zahir. Ahmed. Shah to show cause as to why the impugned order No.17 dated 25.1.84 in Misc. Case No.22 of 1979 by the learned Subordinate Judge, 3rd Court, Chittagong sh......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, 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