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.... 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.
......id scheme was that the losses and unabsorbed depreciation of the Said two British Companies as assessed upto the date of transfer would pass to the appellant Company. The assessment of R.S.N. Co. Ltd for the year 1947-48, the previous year being Calendar year 1946, was made in Pakistan on 29.3.52. T...... 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.
...... the validity of the order of Income-tax Officer rectifying the assessment and that of the Commissioner of Income Tax rejecting the assessee Co.'s revisional application.
4. The learned Judges of the High Court dismissed the writ application by their judgment dated 17-3-70 overrul..
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 ......d Movement Officer, Tejgaon, required the petitioner to explain, under his Memo. No. T.Ju 589 dated 16th March, 1974 as to why exemplary and severe disciplinary action should not be taken against him for giving excess delivery of 5 mds 7 seer and 8 chattaks of sugar in two bags by refilling in wheat......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 ......lsory retirement. 12. The Supreme Court of India reiterated the said opinion in the subsequent case, Parshotam Lal Dhingra Vs. Union of India P.L.D. 1958 (S.C.) 217. In this decision the learned Judges expressed very clearly that and any every termination of service is not dismissal, removal or..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. ......e the service conditions of the public servants Legislature has been given wide power to pass laws regulating the terms and conditions of service. It is the inherent right of the Parliament and for that matter of the supreme law-making body, to regulate the time of retirement of the government......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. ......efore the Supreme Court that the facts and circumstances of the order of compulsory retirement amounted to removal within the meaning, of Article 311(1) of the Constitution; but the learned Judges expressed the opinion that the terms "removal" and "dismissal" as occurri..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......again reconstituted by the remaining 3 partners K.P. Mahmud, Mohammad Kamal, H. Amir Ali along with 3 new partners namely, M.S. Islam Chowdhury, Mujibur Rahman and Syed Mohammad in place of the aforesaid retried partners. On the 6th of January, 1972 a Notification purported to have been is......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......Order No.1 of 1972 and the definition of abandoned property in clause (1) of Article 2 of President's Order No.16 of 1972. 7. The learned Attorney-General has contended that the learned Judges of the High Court Division made a substantial error in law in interpreting President's Or..Category: Others | Date: 27 Jan, 1977 | Hits: 217
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. ......, convicting the appellant under section 25(1) read with item 6 of the Schedule and section 2(b) of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Taka 1000/-, in default, to suffer rigorous imprisonment for six m......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. ......s held otherwise the reform, although reasonable and necessary, would in effect be postponed for years. 38. Rankin C.J. in delivering the judgment of the Special Bench consisting of five learned Judges observed as follows:- “Now the reasoning of the Judicial Committee in the Colonial..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. ......nership firm known as "Messrs Budhai Gour Kishore Saha". This partnership firm carried on business of commission agency and owned properties at Bhairab Bazar in the district of Mymensingh. Before the Proclamation of Emergency in September 1965, the appellant had gone to Calcutta on a Pakis......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. ......ellants placed no reliable materials before the Court as to how they were living and maintaining themselves in India for such a long time without disclosing any known source of living. The learned Judges also expressed doubt on the assertion of the appellants that their passports were renewed, b..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. ......belongs to Mr. Salamat Khan the appellant. Over the demarcation of a common boundary dispute arose between the parties and Mr. Ahad, the Respondent approached the Deputy Commissioner, Chittagong for demarcation of that boundary and Miscellaneous Case No.1 of 1967-68 was staged and a surveyor ap......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. ......ment by an umpire, and so the alteration rendered the reference null and void. An appeal was preferred by the Respondent to the High Court and it was disposed of by a Division Bench. The learned Judges of the High Court Division on hearing the-parties took a different view, on the validity of t..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....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. ...... decree passed by a Bench of the High Court of East Pakistan in a First Appeal affirming the judgment and decree of the Subordinate Judge, Chittagong against the defendant-appellants in the suit for damages for breach of contract. 2. The plaintiffs A. R. A. G. Limited are respondents: The ......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. ......in the High Court, Dacca and the plaintiffs also filed cross-objection on the ground that the trial Court should have decreed the suit on the basis of the market difference at Karachi. The learned Judges of the High Court dismissed the appeal holding that although the plaintiffs could not prove ..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
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 ......(1) of the Incomr Tax Act as amended by the Finance Order, 1972. And In the of: Application No. 39 of 1973 ) Judgment Ruhul Islam J. — By this application the assessee-applicant prays for deciding a question of law arising out of the order dated the 21st July, 1973 passed by the Inco...... 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 ...... % for the assessment years 1956-57, 1957-58 and 1958-59". 9. A Division Bench after reviewing a number of decisions relevant to the point answered the question in the negative. The learned Judges, held that the rejection of the accounts as under section 13 was not justified; abs..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
.... 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 ......iruzzaman under Order 9 rule 4 and section 151 of the Code of Civil Procedure restoring his Misc. Case No. 2 of 1967 filed by him under Order 9 rule 13, Civil Procedure Code, for setting aside the ex parte decree which was obtained by the plaintiff petitioner before me. ...... 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 ......ion under order 9 rule 9 for the restoration of his suit dismissed for default for not filing talabaan and process. It was observed as follows: “I entirely agree with the learned Judges of the Allahabad High Court in the view expressed in the case of Pitamber Lal Vs. Dadhi Singh..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
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 ......te Judge, Chittagong under section 5 of the Arbitration (Protocol 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. ......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 ......arded as sufficient compliance with the requirement of section 2(1) of the Act even in respect of Bangladesh. 30. We find ourselves in respectful agreement with the view of the learned Judges of the Supreme Court of Pakistan on this point and hold that in the absence of the notificati..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 ......ince of East Pakistan, which was defendant No. 1 in the suit. 2. The plaintiff respondents brought this suit being Title Suit No. 42 of 1943 in the Second Court of Subordinate Judge at Bakerganj for a declaration of title and recovery of khas possession and for mesne profits as well as for a pe......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 ...... the old site, the Government could claim by virtue of its title as the original owner and as such the fight of accretion could not be claimed by the plaintiffs in respect of such lands,. The learned Judges disposed of the appeal by the following orders: “The result, therefore, is that th..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....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 ...... D.C. Bhattacharya J. - This appeal is at the instance of the Plaintiff and directed against a decree dismissing his suit. The Plaintiff brought a suit against the Province of East Pakistan for a declaration that the requisition of C. S. Plot No. 992 of Mouza Dhanmondi on or about 19.4.57 ......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 ......provision of Section 11 was inapplicable it would not be permissible to rely on the general principle of res judicata. This question thereafter come up for consideration before a Bench of 5 Judges of the Supreme Court of India in the case of Gulabchand Chhotalal Perikh Vs. State of Gujarat..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
.... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......h Court of the Subordinate Judge, Dacca in Title Suit' No.7 of 1960, which the Appellant brought against the East Pakistan Provincial Cooperative Bank Limited (hereafter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the payment of the mo...... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......Division Bench of the Allahabad High Court, as reported in the case of Kunj Behari Lal Vs. Bharagava Commercial Bank, which has been relied upon on behalf of the respondents in this case. The learned Judges of the Allahabad High Court have taken the view that the notice of the sale, as has been refe..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
....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. ......d-For the Appellants. Mahbubur Rahman, Advocate, instructed by S.S. Hoda, Advocte-on-Record-For the Respondent No.1. Criminal Appeal No.31 of 1974. (Arising out of Criminal Petition for Special Leave to Appeal No.56 of 1974.) Judgment Ahsanuddin Choudhury J. - This appe......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. ......ly supported the order of cancellation of bail. 13. On a perusal of the judgment of the High Court Division, we find that in rejecting the Criminal Revision case of the appellants the learned Judges were carried away by an impression derived from the order of the learned Session Judge that..Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ...... and others………………Respondents (In Civil Appeal No. 2 of 1974). Judgment May 3, 1974. Result: The order sending the case back on remand for retrial is hereby set aside. The award made by the learned Chairman directing the re-instat......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ......one of the members Mr. R.A Chowdhury, the representative of the employer, and hence there was violation of Rule 34 and the award on account of violation of Rule 34, was vitiated. 8. The learned Judges of the High Court did not express any opinion on the merits of the case as they thought it to..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......er this Rule was issued calling upon the Deputy Commissioner, Dacca to show cause why the petitioner who is alleged to be illegally and improperly detained in jail should not be produced or brought before the Court to be dealt with in accordance with law or set at liberty. 2. The facts of the c......cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......he detention of a person for a period exceeding six months unless an Advisory Board consisting of three persons of whom two shall be persons who are, or have been, or are required to be appointed as. Judges of the Supreme Court and the other shall be a person who is a senior officer in the service o..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ......desh, AIR 1963 (SC)1019;M P.V Sundararamier & Co. Vs. State of Andhra Pradesh, AIR 1958 (SC) 468. Lawyers involved: Latifur Rahman—For the Petitioner. Miah Abdul Gafur—for the Opposite parties. Revision Case No.650 of 1971. Judgment Debesh Chandra Bhatt......to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ......but in the case of an existing law, clause (1) of the said Article, it appears, makes a distinction. It avoids it only to the extent of the inconsistency.” It may be noticed that the other Judges constituting the Bench which decided the said case did not express any opinion in this regard..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......Code of Civil Procedure against an order of rejection of an application filed by the petitioners under section 151 read with section 148 of the Code of the Civil procedure praying for vacating an order of dismissal of a suit for specific performance of contract. The petitioners f......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......tting in the required amount because of the mistake committed by the court. This case fails in the line with the exception mentioned in the case of S. M. Yusuf and another and the view of the learned Judges has been clearly expressed in the following observation:- “From the above discussi..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
.... 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 ...... M. A. Rouf-For the Respondent No one -For the Deputy Registrar. Appeal from Appellate Decree No. 1188 of 1965 Judgment Ruhul Islam J.- This appeal is by a defendant in an action for specific performance of contract. Plaintiff-respondents 1 and 2 instituted the O.C. Suit No. 52/...... 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 ......ers (1963) 13 DLR 634, wherein 11 has been clearly held that the benefit arising out of a contract of repurchase is assignable. I have carefully gone through the decision. It appears that the learned Judges very elaborately discussed this question with reference to a number of authoritative decision..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
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