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....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.
...... on the court to exercise its power thereunder or not to do so, having regard to the circumstances of each case. While the word "may" used in a statute was sometimes construed as imposing a duty on the authority concerned on whom a power is conferred to exercise the same if the circumstanc..
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)
....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. ......police officer not below the rank of Sub-Inspector. Here 'report' does not stand for the word charge sheet'. When report is submitted by the police not below the rank of Sub- Inspector, a duty is cast upon the Special Tribunal to examine the case and decide as to whether cognizance is to..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ...... the evidence has established that the damage to the appellant's goods occurred before they were landed at the Jetty. 22. The conclusion would be that the shipowners did not perform the duty of carriage and discharge “properly and carefully" as is enjoined by the contract. W..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 358
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......ame of the Government is not allowed to be tarnished by such irresponsible officers and such high-handedness is not repeated against a citizen, the protection of whose life and property is the sacred duty of the State. In the result, the rule is made absolute. The proceedings in C.R. case No. 9..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....avigation at the relevant time when the accident took place. Negligence of Crew are enumerated thus: (a) they failed to keep a good and adequate lookout'; (b) they were proceeding at an excessive speed; (c) they were navigating the vessel without any regard to the safety of any ot...... 4. Is the suit bad for non-joinder and mis-joinder of parties? 5. Do the plaintiff have any cause of action? 6. Was the sinking of M.L. Jalamoni caused by negligence of breach of statutory duty committed by the defendant or any of his servants or agents or by any person in charge of M.L. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....9561 dated 12th February, 1974 of the same A.R O's and was alleged to have issued lorry Chalan No. 2674; and that on checking at the check post one bag of rice and two bags of sugar were found in excess. On the basis of the said allegations the Storage and Movement Officer, Tejgaon, required the......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 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....59561 dated 12th February 1974 of the same A.R.O's and was alleged to have issued lorry Chalan No. 2674; and that on checking at the check post one bag of rice and two bags of sugar were found in excess. On the basis of the said allegations the Storage and Movement Officer, Tejgaon, required the......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. ..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....led to a certificate under Section 20(4) of the East Bengal State Acquisition and Tenancy Act, 1950 (hereinafter referred as to "the Act") enabling them to retain possession of land in excess of the limit specified in section 20 (2) is hit by section 2 of the President's Order No.......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
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 ...... 5. The petitioner has stated that he holds the designation and performs the duties of a Prof, of Medicine as the Director of the IPGMR in the same way as Sir James Cameron did hold and perform the duty without filling up any particular post of Prof, of Medicine and the petitioner did not and..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......uthorised by the Administrator. But the person so appointed is required to do any act by or under the Waqfs Ordinance while the Mutawalli appointed by the Administrator has got power to discharge his duty only in accordance with the provisions in the Waqfs deed. The Legislature did not include ..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ......ntiff appealed against the said order without any success. Hence this suit for the relief claimed. 3. The case of the defendant company was to the effect that the plaintiff absented himself from duty for more than 7 days after the extended period of leave granted to him and therefore his servic..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
...., the only ground that remained concerned its retrospectively, which has been considered by us. 62. Finally, the learned Counsel mentioned that the Act is liable to be struck down as having made excessive delegation of legislative powers. Neither did the Government frame any rules as required u...... 11. In the supplimentary affidavit filed by the appellants after Act III of 1967 was passed, it was stated that under the said Act the Government had been authorised to levy an additional duty as price equalisation surcharge and that under Section 7 of the Act price differential levied a..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....nts may not continue to have a third appeal unless it otherwise appears that this construction of the Letters Patent is not reasonably possible. Far be it from me to distinguish between such forms of excess or to divide such claims to toleration.” 40. Since the view taken by the Special B......load of 34 moras of silk yam on the morning of May 19, 1974 without having any valid permit or license and intending to dispose of the same in black market, he was intercepted by the Town Havildar on duty and was taken to the Tangail Police-Station, where the Havildar lodged First Information Report..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....wages in lieu of 90 days notice. The company preferred to pay his wages for that period in addition to compensation at the rate of 14 days wages for every completed year of service or part thereof in excess of six months. It was asserted that the termination was for trade union activities of the wor......al is dismissed, but having regard to the facts and circumstances of the case and the question involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ..Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137
....ngs, it can be made moisture proof, partially moisture-proof, and heat sealing.
Cellophane manufacture starts with steeping of sheets of wood pulp in caustic soda to form alkali cellulose. After excess liquids are removed, the sheets are shredded, aged to control molecular weight, and dischar......onsider whether 'Dilphane' manufactured by the appellant company from bamboo pulp is included in item No. 35 of the First Schedule to the Central Excise and Salt Act, 1944 and is chargeable to excise duty under the said item.
2. Appellant's case is that Karnaphuli Rayon and Chemicals Limited is..
Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149
....
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
......ion from the acquisition the government imposed certain conditions which will be presently seen. Fourthly, since the petitioner's right to property was affected the Government was under the legal duty to serve a show cause notice upon him which has not been done in the present case. Fifthly, no ..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)
....tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550 ......cific and clear. The Special Tribunal can direct a police officer to make further investigation. When it passes such an order it is for the police to make such investigation. On the completion of its duty it is free to submit either a final report or a charge sheet and in discharging this statutory ..Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....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. ......t. Mr. Moinul Huq has argued that the question of limitation, if any, could only be decided by the Division Bench considering the appeal. There is no dispute in that. But the question is, what is the duty of the Court when a leave application is presented for its consideration in a time barred appea..Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
...., without jurisdiction and arbitrary since appointment of a Pleader Commissioner is not permitted by the Election law or any other relevant law; (ii) The report of the Pleader Commissioner is in excess of the points referred to the Commissioner in that the Commissioner was directed to simply co......y without jurisdiction. The ground for appointing the Pleader Commissioner, has given by the Tribunal, is its pre-occupation with other witness of the court. This simply amounts to dereliction of the duty cast upon the Tribunal by law. The counting was held in the court-building; this act could have..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
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 ......t, observed that the provisions are not to be construed in the sense of a mere discretionary power; but in the context of the words used in the proviso to section 13 they impose a statutory duty on the Income Tax Officer to examine in every case the method of accounting and to see (1) whet..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
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