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Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
.... were not submitted by the petitioner and hence the re-assessments were made under rule 10 of the Rules for the years 1957-58 to 1969-70 and original assessments for the years 1970-71 to 1972-73 were completed on 28th April, 1973 ex-parte on the basis of the returns and statements of oil storage tan......in reply, has submitted that the impugned assessment orders having been made totally without jurisdiction, the orders cannot be treated as orders passed under the act, and as such there cannot be any bar against the petitioner moving this court under Article102 of the Constitution without prefe..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....#39;s (No, 1) title did not pass to the plaintiff under Exb. 1(a). 21. The learned Subordinate Judge relying on section 54, Transfer of Property Act, has observed that a sale transaction is complete even if its consideration is only promised but not yet paid. Here the question is not payme......intiff's claim to this extent. 16. Mr. Rafiqul Huq has contended that even if there had been a contract for sale the contract is not valid on the ground of undue influence and unquestionable bargaining on the part of the plaintiff. He has referred to the relationship between the parties and..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....ed to secure that within not more than 24 hours of the arrest some Magistrate shall have seisin of what is going on and some knowledge of the nature of the charges against the accused, however incomplete the information may be within 24 hours which is the maximum limit. Therefore unless a poli...... Hossain Sana 14 DLR (S.C) 96 is attracted in the present case, whether the said order of discharge is required to be set aside by a superior court, whether such ; order of discharge operates as a bar to fresh investigation by the police into the case, as to submission of charge-sheet and whethe..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....r order. “Every order passed in appeal under this section shall, subject to the power of revision conferred by section 191, be final.” Section 188 thus provides a complete relief, in cases where an order is passed by a Customs officer and thus, it is clear that a......that there is a provision for appeal as provided under section 188 of the Customs Act, 1969 against the order of seizure passed by the Assistant Collector and as such the suit was impliedly barred and the suit was not entertainable under section 9 of the Code of Civil Procedure. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....#39;s hold or at the time of their discharge at the outer anchorage and that the goods were actually damaged by rain water when they were in the lighter the question whether the ship owners were completely protected by a similar clause in the bill of lading as above-mentioned was answered ...... 82,307-15-9 3. The respondents Nos.1 and 2 by filing a joint statement contended that the plaintiff appellant had no cause of action against them that the suit was barred by limitation under the provisions of the Carriage of Goods by Sea Act, that as the plaintiff..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 358
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
.... the ground that be derived his knowledge of transfer from the notice he received of Tahur's application under section 96(1). He can maintain his application under section 96(1) in complete right on the basis of that knowledge. He should not have hesitated or afraid of making a fr......transferred. The Munsif held that the notice of Misc. case No. 4/69 was served on Abdul Hashim the opposite party No. 4 therein on 7.3.69 and the Misc. case No. 61/69 having been filed on 15.5.69 was barred by limitation since the same was filed beyond two months from the date of service of notice i..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
.... section 23 of the Act after second remand to show that the Income Tax Officer had considered the return of the March-ending accounting year and was not satisfied that the said return was correct and complete and that he required the presence of the assessee on production of some evidence for e......t against the said order of assessment to the appellate tribunal on the ground, inter alia, that the assessment having been made without a notice under section 23(2) and/or section 34; of the Act was barred by limitation. The tribunal by its order dated 29-8-61 dismissed the appeal and held tha..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
....osed of by a superior Court, was considered by a Bench of the High Court Division, to which one of us was a party, in the case of c where it has been held that to decide whether there has been a complete merger of the trial Court's decree in the decree of the appellate Court, the quest......on of earlier years. This was objected to by the Assessee Company on the ground that the original assessment for the year 1949-50 having been made on 31.3.54 the purported rectification was time barred and it involved the reopening of the assessment for the years 1947-48 and 1948-49. The Income..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....esident's Order had been taken by the Government of Bangladesh. The High Court Division further found that event the Board of Management which was named in the aforementioned Notification was not complete in all respects and that no material was placed before the High Court Division to show when......mely K.P. Mahmud having 10 annas share, Mohammad Kamal 2 annas share, Mohammad Ismail 2 annas share, and H Amir Ali 2 annas share. In 1970, however, the partnership was reconstituted by taking K.P. Akbar Ali and K.P. Asgar Ali, two sons of K.P. Mahmud as partners whereby K.P. Mahmud was given a..Category: Others | Date: 27 Jan, 1977 | Hits: 217
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....;dity of section 33 of the Municipal Administration Ordinance, 1960, on the ground that it gave no guidance as to the imposition of tax, the Court referred to the well-known principle forbidding complete abdication of legislative function. It was observed that "the legislation must co......ion by the High Court to refund the money realised by the appellants was not permissible under Article 98 of the Constitution. He, further, submitted that Article 2 of the Constitution was not a bar to the imposition and levy of price differential by ex post facto legislation, namely, Act III o..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....idence, as observed earlier, on record of the constitution of the union. Therefore, though we get a partial picture of the status of the employee that he is a unit representative, but we do not get a complete picture as to whether he is one of the executive, so that he may be called an officer of th......y provided that an. individual worker can claim relief before the Labour Court under the said Act, unless the grievance has been raised as a labour dispute under Labour Dispute Act. Though section 25 bars all complaints against the order of termination under section 19 of the said Act, yet it, autho..Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137
....ly to the extent of proving that a C. I. sheet fell from the scaffolding set up inside the Assembly Hall and came upon the legs of the plaintiff while he was standing in the corridor. The evidence is completely silent as to how the C. I. Sheet got unfastened and dropped from the scaffolding, and it ......d in place of the deceased Defendant No. 2 A. Motalib.
6. On the basis of the statements made in the pleadings the following issues were framed:
1. Is the suit bad for defect of parties and barred by limitation?
2. Was the notice under section 80 C. P. C. duly served?
3..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
.... or as a result of conquest or annexation, the general opinion of International Jurists is that the treaties of the former are automatically terminated. The result is said to be produced by reason of complete loss of personality consequent on extinction of State: life vide Hyde on International Law,......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....have examined the papers, particularly, the marked copies of the voters' list and the counterfoils of the issued ballot papers, and have found that the voters' list which has been sent is not complete and the markings of the names of the voters to whom the ballot papers were issued had not b......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....breach of law or any error of procedure which could have affected its exercise of jurisdiction. 16. We are in respectful agreement with the interpretation given by the Privy Council and it is in complete accord with the view we have expressed. 17. We may conclude that the High Court exerci......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
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....ect from 31st March, 1967." ''In lieu of 90 days notice the Company prefers to pay your wages for that period in addition to compensation at the rate of 14 days' wages for every complete year of service or part thereof in excess. " 3. It was asserted that the terminat......shing his appointment on similar terms. The principle that where punishment is not found possible in the case of an employee who has been placed under a charge, his discharge upon notice is also barred cannot be accepted on any ground in relation to private employment. 39. In the instant ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....usefully quoted in order to pin-point the difference in approach between the two views: “In the case of a law made after the declaration of fundamental rights the Constitution has placed a complete bar on the power of the Legislature to make any law which takes away or abridges any right ......e said decision has submitted that the laws which are void because of inconsistency with or contravention of the constitutional provisions as to fundamental rights remain unenforceable so long as the bar contemplated in the Constitution remains in force and that the said laws are not nullified or re..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
.... of respondent No. 2. We think that it has been rightly stated in the affidavit-in-opposition by the respondent No. 2 that what the petitioner could not do by legal process, he had sought to do it in complete usurpation of the same in a period of crisis. The petitioner is thus an unauthorized occupa......a Magistrate having jurisdiction for such order as he deems fit where the parties have not agreed to arbitration. In this particular case, the petitioner did not agree to arbitration. Court was not debarred, in any way, from sending its findings under clause (5) to Article 7 of the said Order. The p..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....iled to eite any authority to support the same. 8. Mr. M.A. Rouf, the learned Advocate appearing for the respondents submits that the contract of re-purchase under the agreement is a contract of completed transaction, in other words is an executed contract which is assignable under the law. In ...... 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)
....rt of the contract then, notwithstanding that the contract, though required to be registered, has not been registered, or where there is an Instrument of transfer, that the transfer has not been completed in the m inner prescribed thereof by the law for the time being in force, the transfe......of their late distinguished colleague. Sir Dinshah Mullah, as stated in the second edition of his treatise on the Transfer of Property Act at P. 262, the section is so framed as to impose a statutory bar on the transferor, it confers no active title on the transferee." 23. On a plain readi..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
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