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Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....to the expiry of the same. This to my mind appears to be the logical corollary flowing from the rule prescribing the time limit for filing the appeal. 5. There appears to be an impression in the Bar that application for leave can be filed at any time because the application is a mere formality.......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 655. ..Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....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 ......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..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....others Vs. C.I. T" Delhi (1954) 26 I. T. R., 159; Commissioner of Income Tax Vs. McMillan & Co. (1958) 33 I.T.R. 182; S. N. Namasivayan Chettiar Vs. C.I.T., Madras Taxation (1960) 2-III 277; Barak Chand Radha Kishen Vs. C.I.T., (1962) VI Taxation. 239; Commissioner of Income Tax Vs. Kameshw......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..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 ......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..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
....s. Nirmal Bai, A.I.R. 1944 Nagpur 292; Abdul Gafur Mia and others Vs. Abdul Gafur 12 DLR 629; P.L.D. 1961 Dacca page 174 of Scott Vs. London and St. Katherine Docks Co. (1865) 3 H & C 596 at 601; Barkway Vs. Southwales Transport (1950) 1 A.E.R. 392; Woods Vs. Duncan and others (1946) A. C. 401 (......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 ..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....h;For the Respondent. F. A. No. 235 of 1968 Judgment D.C. Bhattacharya J.— This appeal is directed against a judgment and decree passed by the second court of Subordinate Judge, Barisal after an order of remand made by the High Court of. East Pakistan and was at the instance of......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..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....ju Luri Sbami Vs. Sooryanarayana in A.I.R. 1925 Mad. 126; Kalikanta Vs. Shyamlal, 25 C.L.J. 163; Asgar Ali Vs. Bhim Sarker, 33 CWN 392 R.V. Slator (1881) 8 Q B.D. 267 Per Lord Coleridge C.J. In Barlow Vs. Teal (1885) 5 Q B.D. 403 Messers S.A. Haroon Vs. Collector of Customs (1959) 11 D.L.R. (S......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..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....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. ...... 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. ..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
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 ......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..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....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. ......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..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....Officer (S), Sylhet on 16-5-73. Immediately after the release of the said miscreants from the custody the petitioner was arrested along with Mr. Amirul Islam Chowdhury, an Advocate of Sylhet District Bar as well as a witness in the case filed by the petitioner and were shown arrested with Sutrapur P......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 ..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....lated in the Constitution remains in force and that the said laws are not nullified or repealed because of the said inconsistency or contravention but remain merely dormant, and revive as soon as the Baris removed by any subsequent amendment or repeal of the Constitutional provisions. 17. The p......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. ..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
....esire, to re agitate the matter before the Labor Court.
We make no order as to costs.
M.N. Huda J.- I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 158.
......esire, to re agitate the matter before the Labor Court.
We make no order as to costs.
M.N. Huda J.- I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 158.
..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....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 ......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 ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
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 ......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. ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....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 ......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— ..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....ahid of Kandigram, PS Kotwali, District Sylhet and started Case No. 29 dated 24.1.66 under section 302 PPC." It appears that on this memo the first Information report form was filled up by Mr. S Barua, Sub-Inspector of Police, the then Officer-in-Charge of the Kotwali Police Station. From the a......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, ..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
.... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
...... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
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Category: Administrative Law | Date: | Hits: 1
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