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Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)

.... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ......r. Sultan Ahmed, Deputy Attorney-General - For the Respondent. Civil Revision Case No. 627 of 1973. Judgment K M Subhan J.- This Rule obtained by the plaintiff-petitioner is from order No.38 dated 24-3-73 passed by the learned Subordinate Judge of the 2nd Court, Bakerganj in Mis......sp; A client shall not suffer because of negligence and enigmatic conduct of its agent lawyer for the ends of justice...............(8)  Cases Referred to- The Sind Tanneries Ltd. Vs. Hajee Mohammedin & Co., 8 DLR 719; Azizur Rahman Vs. Janata Bank, 28 DLR ......LR (HCD) (1998) 109. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 60

Manager, Sonali Jute Mills Ltd Vs.Secretary, Sonali Jute Mills Workers Union, & others, 1977, 6 CLC (HCD)

....ithout lawful authority and is of no legal effect. We make no order as to costs. Muhammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 141. ......Khahlur Rahman—For the Petitioner. No one—For the Respondents. Writ Petition No.193 of 1973 Judgment Badrul Haider Chowdhury J.—This rule is directed against an order dated 16-8-73 passed by the Chairman of the Labor Court at Khulna, in IRO Case No.395 issuing ...... make no order as to costs. Muhammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 141. ......ction) Present: B.H Chowdhury J M.H. Rahman J Manager, Sonali Jute Mills Ltd………………………………Petitioner Vs. Secretary, Sonali Jute Mills Workers Union, & others..........Respondents ..

Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3

Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)

....not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303.   ......nvolved: M. Behtar Ali—For the Appellant. No One—For the Respondent. Appeal from Original Order No. 29 of 1976. Judgment K. M. Subhan J.- This appeal is from the order passed by the Commissioner of Workmen's Compensation, in Workmen's Miscellaneous Case ...... K.M. Subhan J A.T.M. Afzal J Adamjee Jute Mills Ltd., represenled by its Mill Manager of Mill No.1, Adamjee Nagar, Dacca........................Petitioner-Appellant Vs. Abdul Matin & others......................Opposite Parties Judgment June 22, 1977. Result......llate Jurisdiction) Present: K.M. Subhan J A.T.M. Afzal J Adamjee Jute Mills Ltd., represenled by its Mill Manager of Mill No.1, Adamjee Nagar, Dacca........................Petitioner-Appellant Vs. Abdul Matin & others......................Opposite Parties Jud..

Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ...... Sultan Ahmad—For opposite party No.1. Civil Revision No. 430 of 1974. Judgment K. M.Subhan J.—This Rule obtained by the plaintiff-petitioner is from the judgment and order passed on 16.3.74 in Title Suit No. 339 of 1973 by the learned Subordinate Judge, 1st Court, D......e party Judgment June 21, 1977. Result: The Rule is discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesford; Novel Vs. London Expre......p; ..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1

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.   ......the detention of KalipadaHazra now being detained in Jessore Central Jail should not be declared illegal and why he should not be brought before this court and set at liberty or such other or further order or orders passed as to this court may seem fit and proper. 2. The detenu Kalipada Hazra i......ral and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ...... Court Division (Criminal Special Jurisdiction) Present: BadrulHaider Chowdhury J M.H.Rahman J Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra.............. Petitioners Vs. The State and others.................................................OppositePar..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1

Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)

....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......onth of October, 1973 which was offered by the appellant first on October 1, 1973 and then on October 6, 1973. Furthermore, having no other alternative the appellant remitted the rent by postal money order which was refused and returned to him on November 5, 1973. The appellant deposited the rent wi......owed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......the month of October, 1973 which was offered by the appellant first on October 1, 1973 and then on October 6, 1973. Furthermore, having no other alternative the appellant remitted the rent by postal money order which was refused and returned to him on November 5, 1973. The appellant deposited the re..

Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60

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.     ......hman—For the Respondents Nos.1 and 2. Writ petition No. 957 of 1974. Judgment Shahabuddin Ahmed J.-This Rule under Article 102 of the Constitution calls in question an order dated 20.7.74 (Annexure C) of respondent No.1, the General Manager, Khulna Shipyard Ltd. made ....... Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ...... (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Khulna Shipyard Employees Union (Registered No.441) Matiakhali, Khulna.......Petitioner Vs. General Manager, Khulna Shipyard and two others...................Respondents ..

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.   ......rticle 102 of the Cons­titution of the People's Republic of Bangladesh. Judgment Shahabuddin J.— This rule under Article 102 of the Constitution calls in question an order dated 7.5.73 of the Additional Custodian of Enemy Properly (L & B), Dacca, confirming in a......vacated. Abdul Matin Khan Chowdhury  J.-I agree, Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 47.   ......ourt High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J A. Matin Khan Chowdhury J Habibullah........................................Petitioner Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra&sh..

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.   ......;cate-General—For Respondents No.2. Writ petition No. 248 of 1977. Judgment Ruhul Islam CJ.— This rule Nisi was issued with a view to examine the legality of the impugned order dated the 5th January, 1977 passed by the Additional Sessions Judge and Special Tribunal No.II......any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ......upreme Court High Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Md. Kalu Bhuiyan@ Kalu Miah................................Petitioner Vs. Special Tribunal No.II, Comilla and another.............Respondents Judgment..

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

M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and ano­ther, 1977, 6 CLC (AD)

....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......present case there was similar provision in the bill of lading as follows; "the said goods to be carried and delivered subject to the terms and conditions of this bill of lading in the like good order and condition at the port of Chittagong unto order or his or their assignees." The releva......ent and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......39;s was made both at the Jettyshed and at the appellant's premises. Re-survey of 200 bales was made at the request of the Lloyd's agents on March 13, 1951 and the survey report was signed by one Mr. Percy of Steel Brothers and Company Ltd. Chitta­gong. On the survey of the aforesaid 175..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357

Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)

....ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407.     ......Calcutta High Court reported in 26 C. W N. 65 where no less an eminent judge than Late Sir Ashutosh Mukherjee had observed at relevant page 70 as follows:- “The fundamental rule is that in order of establish adverse possession as between co-sharers, there must be evidence of an open asser...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407.     ...... of the trial Court decreeing the plaintiff's suit for declaration of title and confirmation of possession of the disputed suit land. According to the plaintiffs the disputed jot belonged to one Kasimuddin and Imaruddin being two brothers. Imaruddin died leaving a sister and Kasimuddin. The..

Category: Limitation Law | Date: 7 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. ...... the co-sharers in such a proceeding for pre-emption. There is nothing inherently defective in the constitution of such a proceeding in the absence of the remaining co-sharers but the Legislature, in order to avoid multiplicity of the litigation, has provided in sub-section (2) of section 96, t......llip;………..Opposite Parties Judgment June 7, 1977. Result: The Rules are discharged of. Cases Referred To- Matilal Sikder and Ors. Vs. Benodimi Dasi in 28 D.L.R. Appellate Division) 5; Jamiyat Ali vs. Mrs. Cheman Ara Begum 20 DLR 480; Jahiruddin Cai...... High Court Division (Civil Revisional Jurisdiction) Present: Ranadhir Sen J Tahurul Karim @ Tahurul Karim Khan Chowdhury………………Petitioner Vs. Abdul Hashim and others…………………&h..

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.   ......or 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 17.3.71 of respondent No. 2 the Govern­ment the then Pakistan (now Banglad....... Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in:  30 DLR (HCD) (1978) 341.   ......High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Amin Jute Mills Ltd.......................................Petitioner Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others......Responde..

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. ......l custody. The petitioner on the following day prayed for bail but the same was rejected and thereafter the petitioner moved the learned sessions Judge who granted him bail, the certified copy of the order has been annexed to the petition as annexure E. The petitioner thereafter moved this court for......mation and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ...... 29. ..

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

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

....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. ...... started in and from 1950. The appellant raised an ob­jection under section 5 and 64 of the Act praying for transfer of the case from the Special Circle but the said objection was overruled by an order dated 14-3-53 by the Income Tax Officer. The appellant was served with a notice dated 21-7-53 ......, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......din Chowdhury J Debesh Chandra Bhatiachaya J M/s. Shamim & Co………………………................Appellant Vs. The Commissioner of Income Tax Dacca Zone....Respondent Judgment April 19, 1977. Result: The..

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.   ......ash;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 Court, Khulna in Miscellaneous Case No. 34 of 1974...... at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331.   ......Division (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Khulna Tobacco Industries Limited…………………Petitioner Vs. Chairman, Labour Court, Khulna and another…………&hellip..

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)

.... In view of the above, the Rule is discharged. We do not make any order as to costs. Ed. Rahul Islam J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 196   ......te Industries Corporation represented by its Chairman........Respondents Judgment April 11, 1977. Result: The Rule is discharged. Power to suspend employee employer- The order of suspension by the Corporation against the employee does not suffer from any infirmity ...... make any order as to costs. Ed. Rahul Islam J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 196   ......979) 196   ..

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

M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)

.... of March, 1971 till the coming into existence of the High Court of Bangladesh, but is silent about the Supreme Court. Then came Bangladesh (Legal Proceedings) Second Order 1972 (P.O. 69 of 1972), published in Dacca Gazette, on 16th June, 1972. A signi­ficant provision is contained in article 5......d in this appeal is whether the judgment of the Supreme Court of Pakistan pronounced on 6th October, 1971 during the Court of Liberation War is a valid decision. 2. The question arises from an order of the High Court of Bangladesh, passed on appeal from an order of rejection of obligation fi......osts. Ed. This Case is also Reported in:    ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in:    ..

Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320

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

....ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344.   ......ns 342 and 323 of the Penal Code but in respect of the accused-petitioners final report was submitted. The learned Sub-divisional Magistrate on perusal of the police report by his order dated 27-12-72 took cognizance of the case in, respect of the 22 accused but discharged the pe......ers is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344.   ......isdiction) Present: Abdur Rahman Chowdhury J Mohd. Habibur Rahman J Md. Sharif and others …………………………..Petitioners Vs. M. Baharuddin Chowdhury and the State.............Opposite Parties Judgment..

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.         ......68 and Appellant (In Appeal No.12 of 1967). Appeal No. 12 of 1967. Judgment Ruhul Islam CJ.—Appeal No. 12 of 1967 preferred by the defendant is directed against the judgment and order dated 17th August, 1967 passed by A.M. Abdullah, J. in Admiralty Suit No.1 of 1966. Appeal No.......bsp;       ......;Appeal No. 12 of 1967 preferred by the defendant is directed against the judgment and order dated 17th August, 1967 passed by A.M. Abdullah, J. in Admiralty Suit No.1 of 1966. Appeal No.1 of 1968 by one of the plaintiffs is in respect of quantum of damage only not allowed in the said Admiralty Suit..

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