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Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

....beyond the province of the Court to say anything further in the matter. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)131.   ......i vs. State of Bihar, A.I.R. 1951 (Patna) 47; Soshti Chowdhury Vs. State of West Bengal A.I.R. 1972 (SC) 168; Arun Kumar Vs. State of West Bengal; Brozan Vs. State of West Benga; Bhimsen Vs. Union of India, A.I.R. 1951 (SC) 481; Kripa Shindu Hazra Vs. Bangladesh Govt. in Criminal Misc. Case No. 69/7..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4

Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)

....e reference is accepted. Cases Referred to- Shahzada Daljit Singh vs. Mian Taj Singh A.I.R. 1939, Cud, 284; Netesa Naicken Vs. Raghavachari and others in A.I.R. 1925 Madras, 327;Ngathan Vs. Emperor in 15 Criminal Law Journal 555)  Lawyers Involved: M. B. Rahman—In supp......nd in the letter of reference, the reference is accepted. Send down the records at once.   Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4.     ..

Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2

Abdur Rahman Vs. The State, 1977, 6 CLC (AD)

....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257.   ...... the judgment in the case of Abul Hossain Sana, it appears that a number of cases were cited before their Lordships on the point involved in that cases. Their Lordship noticed that in pre-partition India authority was not uniform on the question of Magisterial power of revival of a case after the..

Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72

Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)

.... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186.   ......sed to reside in the same with his family till death. After his death the residential house devolved upon his only son and heir Nikhil Chandra Kar, a practicing lawyer of Maulvibazar, who migrated to India in 1358 B. S. and has been residing there as an Indian National. The plaintiff was born and br..

Category: Property Law | Date: 8 Jul, 1977 | Hits: 2

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.       ......l court came up in an election case and it was held by the majority decision, that jurisdiction of civil court is barred in matters entrusted to Elections Petitions Commission set up by Government of India (Provincial Elections) (Corrupt Practiced and Election Petitions) Order, 1936 made under secti..

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.   ......39; and in rule 32 it was 'satisfaction' of the detaining authority. 9. Cornelius, C.J. further found that terms of Defense of Pakistan Rules were in identical language of the Defense of India Rules framed under Defense of India Act, 1939. Rule 26 of Indian Rules was in the same languag..

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

Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)

.... Monomohan Shaba Vs. The State, (1976) 28 DLR, 185; Dost Mohammad and ors. Vs. The State, (1977) 29 DLR 122; A.K. Roy Vs. The State of West Bengal, A.I.R. 1962 Cal. 135; Copal Marwari & ors. Vs. Emperor, 45 Criminal Law Journal, 177,; Muhammad Nawaz Khan Vs. Noor Mohammad Khan and others, P.L.D......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.   ..

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

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.         ......his case in a suit for damages for loss of life filed in the Admiralty Jurisdiction of the Bombay High Court, a question was raised as to whether Maritime Convention Act, 1911 was extended to British India. It has been held therein that the law having been extended throughout His Majesty's domin..

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

Pakistan River Steamers Ltd. Vs. Commissioner of Income-tax, Dacca Zone and another, 1977, 6 CLC (AD)

.... writ under the Constitution was not maintain­able. The result, therefore, is that the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 260. ......itution of Pakistan. 2. The appellant a Company incorporated in Pakistan in 1959, took over on 1.1.1961 the business of the two British Companies, viz. River Steam Navigation Company Limited and Indian General Navigation Co. Ltd. re­ferred to hereafter as R.S.N. Co. Ltd. and I.G.N. Co. Ltd...

Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173

Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233   ...... February 9, 1977. Result: The rule is discharged. Cases Referred to- Shyamlal Vs. State of Uttar Pradesh and another A.J.R. 1954 S.C. 369.; Parshotam Lal Dhingra Vs. Union of India P.L.D. 1958 (S.C.) 217. Lawyers Involved: Syed Manzurul Ahsan-For the Petitioner. ..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1

Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40.   ......ugned order of retirement is a retirement simplicitor unconnected with the departmental proceedings. 11. The view we are taking in the matter gets support from a decision of the Supreme Court of India in the case of Shyamlal Vs. State of Uttar Pradesh and another A.I.R. 1954 S.C. 369. In this c..

Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5

DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)

....peti­tioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12   ......ould have a rational relationship with the object sought to be achieved. In the case of The State of Jammu & Kashmir Vs. Triloki Nath Khosa and others (I) it has been held by the Supreme Court of India as follows: "It cannot extend to embarking upon a nice or mathematical evaluation of..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....ault, the decree will be executable after serving proper notice on the Government. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 355.   ......emove the stock on payment of price and other incidental expenses. Then on 4.9.45 the defendant No. 3 who was the District Controller passed order under Sub-rule I and 2 of Rule 75A of the Defense of India Rules requisitioning the stock of Lungies lying with the plaintiff firm. In accordance with th..

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)

.... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......t go to the State. In support of his contention, he cited a number of decisions. 50. In Shri Prithi Cotton Mills Ltd. Vs. Broach Borough Municipality, AIR 1970 SC 192, the  Supreme Court of India, while deciding upon the legality of certain assessments made by the Bombay Municipality, had ..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......principles of general law known in the English Jurisprudence from centuries before, were enumerated. So far as this Sub-Continent is concerned, this decision has been approved by the Supreme Court of India and the Supreme Court of Pakistan and different High courts. The case was taken before the Pri..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Gurudas Saha Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)

....ationa­lity, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......e heard analogously and disposed of by one judgment. 4. The Dacca High Court on affidavit of the parties did not find any convincing evi­dence to believe that the appellants who left for India earlier were continuously living there for over six years was for medical treatment. The Hig..

Category: Property Law | Date: 7 May, 1976 | Hits: 55

Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)

....es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......llip;……………….Respondent Judgment January 20, 1976. Result: Cases Referred to- Jugal Kishore Vs. Goolbai, AIR 1955 (SC) 812; Union of India Vs. Rallia Ram, AIR 1963 (SC) 1685; Carlill Vs. Carbolic Smoke Ball Company, 1893 1 Q. B. 256;..

Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352

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

.... 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   ......that the assessee's books do not disclose his true provits, or that proviso to section 13 applies.” In Commissioner of Income Tax Vs. McMillan & Co., the Supreme Court of India with reference to the expression "In the opinion of the Income Tax Officer" occurrin..

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

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

....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   ......was clearly wrong in holding that the amendment introduced by Ordinance No. 53 of 1962 whereby Pakistan accepted the notification issued under section 2 of the Act by the late Government of India before The Independence Act; 1947 as a Notification, deemed to have been issued by the Central..

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

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

....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   ......ner, 155 (P.C.); Muzhar Husein Vs. Bodha Bibi, 22 I. A. 1; Smt. Lalbati Kuer Vs. Satchitananda Verma and others, A.I.R. 1960 Patna 418; Felix Lopez Vs. Muddun Mohan Thakoor and others, 13 Moore's Indian Appeals 467.; Surendra Lal De Pal Vs. Satya Tamas Ghosal, 12 D.L.R. (S.C.) 214; Lope Vs. Mudd..

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