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M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)

....5. Result: The appeal is dismissed.  Cases Referred to- Jamal Vs. Moola Dowood and sons, AIR 1915 P. C. 48: A. V. Joseph Vs. R. Skow Bux, AIR 1918 Privy Council 149; Erroll Mockay Vs. Mohorajodhiraj Kamoshwar Singh, AIR 1932 Privy Council 196: Sridhon ......or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76.  ..

Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240

Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)

....t expressed exactly the similar view in the case "Sirajuddin Ahmed Vs. Upendra Lala", 22 DLR (Dacca) 827. A material issue in a case cannot be delegated to a Pleader Commissioner. The Privy Council held in Ram Kr. Vs. Ratan, 35 C.W.N. 841: "The decision of a material issue in the case......rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594    ..

Category: Election Law | Date: 7 Jul, 1975 | Hits: 3

M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)

....t the method is not one which is likely to result in the true profits and gains being ascertained.” 14. The learned Judges of the Punjab High Court also referred to a decision of the Privy Council in the case of Commissioner of Income Tax Vs. Kameshwar Singh (1933) 1 I.T.R. 94. In th...... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566   ..

Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2

Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)

....Miji and ors. Vs. Abdul Wadud Mea and ors, 1952 PLR 2 Dac. 87; AIR 1959 Pat. 121 (Full Bench), Doma Chowdhury and ors. Vs. Ram Naresh Lal and ors.; Thakur Prasad Vs. Fakirullah, ILR 17 All. 106 Privy Council; Sarat Krishna Bose and Biseshawar Mitra and others, 31 CWN 576; 4 DLR 621, Saferaddi Munshi...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683   ..

Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1

Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)

....ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577      ......ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577      ..

Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3

Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)

....e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521       ......neither the election petition nor the evidence on records raised any dispute with regard to one ward but 3 other sub-centers. The dispute was confined only to the election held in Machabandha Polling Centre and the election of these sub-centers could have been declared void if the Tribunal was of th..

Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1

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

....cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662       ......cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662       ..

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

....t satisfied. It was thus held that unforeseeability of damage was relevant both to the liability and the compensation. 43. The same view has been expressed by the Judicial Committee of the Privy Council in P.C. Oversees Tankship Vs. Morts Dock (1961) 1 A.E.R. 404 in an appeal from Australia in ...... far as this appeal is concerned. A.S. Faizul Islam Choudhury J.-I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 628         ..

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

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

....m the order of remand the correctness thereof could be challenged by an appeal from the final decision as in the cases of other interlocutory orders. The second sub-section did not apply to the Privy Council and can have no application to appeals to the Supreme Court, one reason being that no appeal......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534   ..

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

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

....dent as to show cause why the delay will not be condoned. If no such notice is given and the delay is condoned, the order is passed ex parte because it affects the respondent prejudicially. The Privy Council, it may be noted, disapproved the practice of hearing the point on limitation at the time of......the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275     ..

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

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

.... court of Second Appeal. This distinction is real and material and must be maintained. 8. The power of the High Court under section 115 of the Code has been construed more than once by the Privy Council. We think it proper that this Division should also pronounce its view on the question. ......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in:  28 DLR (AD) (1976) 57. ..

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

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

....eopened in a subsequent must it is likely to have an unsettling effect upon the society itself. 16. This question has been the subject of consideration before the Judicial Committee of the Privy Council in several cases. The earliest case in this regard is the case of Ram Kirpal Shukul Vs. Mass......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541     ..

Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2

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

....ssistant Sessions Judge the attention of the learned Assistant-Sessions Judge was drawn to the fact that the case could not proceed for the reason that Abdul Jalil Molla who was chairman of the Union Council and as such a public servant was involved in this case and it was further pointed out that t......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

Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)

....r decision on this point as has been done in first Appeal No. 503 of 1968 by another Division Bench of this Court. He refers to an unreported decision of this Court in F. A. 503 of 1968 (The district Council of Comilla Vs. Mr. M. Khalilur Rahman). It was an appeal, by the Govt. against the order of ......is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163   ..

Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4

Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)

....pa Irappa Bhatkhar in A.I.R. 1940 Bombay page 339; Joydeb Agarwalla Vs. Bitulmal Karkhana Ltd. (1964) 16 DLR (JSC) 706; P LD. 1965 (S.C.) page 37; Ardeshir H. Mama Vs. Flora Sassooa A.I.R. 1928 Privy Council Page 208 ;Golam Ali Kazi Vs. Saijuddin Howlader and another, Dacca Law Cases page 246. ...... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159     ..

Category: Property Law | Date: 8 Jan, 1973 | Hits: 2

Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)

....disputed cattle under the said provision of law. This case appears to us to have no application to the present case which is in respect of the possession of the Tea Estate in suit. 19. The Privy Council case as reported in A.I.R. 1941 (P.C) 128 lays down the follow­ing principle— ......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ..

Category: Property Law | Date: 5 Jul, 1972 | Hits: 0

Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)

....acquitted the other 12 co-accused of the charges levelled against them. 2. The facts giving rise to the trial are a bit peculiar. On 23.1.66, PW 2 Tahir Ali, the then Chairman of the local Union Council, had sent the memo, marked Ext. 1 in the case, to the police of the Kotwali Police Station, ......eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in:  24 DLR (HCD) (1972)103 ..

Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50

M. R. Khan, Chairman of the Board of Governors, Bangladesh National Society for the Blind Vs. Bangladesh and others, 1975, 4 CLC (HCD) Adminis/constitutional

....e Society date on 29-7-72, the constitution of the Society was amended and adopted in the Extra-Ordinary General Meeting of -the Society. The Society succeeded in obtaining recognition from the World Council for the Welfare of the Blind in the same year and was also admitted as an Associate Member o......mature stage. Accordingly, the Rule in this petition should be discharged for the reasons stated herein before. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 602   ..

Category: Constitutional Law | Date: | Hits: 2

S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)

.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107.     ...... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107.     ..

Category: Criminal Law, Evidence Law | Date: | Hits: 2

Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)

....te. As it appears from the record. He had completed construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Planning Council, for a period of 2 years from 1-2-71 at a rental of Tk. 3000/ per month; but the Additional ......ohammadpur Housing Estate. As it appears from the record. He had completed construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Planning Council, for a period of 2 years from 1-2-71 at a rental of Tk. 3000/ per mon..

Category: Constitutional Law | Date: | Hits: 3