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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. ......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. ...... for trial, but shall not take cognizance of any Offence except on a report in writing made by a police Officer not below the rank of Sub Inspector.” 11. On careful examination of the language of sub-section (1) it appears that the legislature provided a very limited scope for the purpose..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. ......nst them. They contended that the suit was barred tinder Section 69 of the Partnership Act and also that the suit was bad for want of notice under section 80 C.P.C. As the appellant received goods in full from the Jetty shed under clear receipt and without any protest, these defendants were not liab......ng to defendant-respondent No.1. After its arrival at Chittagong on February 28, 1951 the ship discharged goods on and from March 3, 1951 to March 5, 1951. The aforesaid goods were found in a damaged condition and the appellants went to the Jetty on March 4, 1951 to take delivery. The defen..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ......legedly possessed the suit land and after his death his heirs i.e. plaintiffs had been in possession thereof within the knowledge of the defendants. The defendants No. 9 and 10 took usufructuary mortgage of the suit land from the rest of the plaintiffs and they were in possession thereof, having bee..Category: Limitation Law | Date: 7 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. ......pondent No. 2 the insurer of the said vessel, by virtue of letter of abandonment executed in favor of the insurer by the said owner and the Industrial Development Bank of Pakistan, the mortgagee upon full settlement of the loss, became entitled to the said vessel and the rights of the owners and the......directed against the judgment and order dated 17th August, 1967 passed by A.M. Abdullah, J. in Admiralty Suit No.1 of 1966. Appeal No.1 of 1968 by one of the plaintiffs is in respect of quantum of damage only not allowed in the said Admiralty Suit. Both the appeals were heard analogously and are bei..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)
....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 ......ng the time of retirement, action taken under this provision does not attract the application of article 135. 6. We have considered the submissions made by the learned Advocate and very carefully examined the relevant provisions of the Act XII of 1974 and the constitution. Decision in this...... having the effect of retrospective operation is bad in law. The petitioner also contends that it is not warranted by the law, as the order of retirement being between two points of time, that is the age of compulsory retirement and the age of superannuation, when the petitioner should be deemed to ..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. ......g the time of retirement, action taken under this provision does hot attract the application of article 135. 6. We have considered the submissions made by the learned Advocates and very carefully examined the relevant provisions of the Act XII of 1974 and the Constitution. Decision in this......licable to him immediately before such commencement. This protection does not divest the Parliament or the supreme law making body to regulate the conditions of service as in the instant case, fixing age of retirement. However, clause (b) sub-paragraph (2) of paragraph 10 makes it clear that the pro..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
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. ...... service of notice to show cause with a view to give him some additional advantage such as the company's provident fund to which he has contributed. 4. The learned Munsif decreed the suit in full. On appeal by the defendant company, the learned Subordinate Judge reversed the decree of the l......1 (B) of the aforesaid Standing Rules and Orders but it was actually terminated under Clause 21(A) which does not require service of notice to show cause with a view to give him some additional advantage such as the company's provident fund to which he has contributed. 4. The learned Munsif..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
....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.
......ll sorts of harassment. On one occasion in the month of July, 1944 the plaintiff was ordered not to dispose of its stock of cloths until further order. However, subsequently, on representation of the full facts before the District Magistrate Mr. M.M. Stuart I.C.S, he become convinced that the order ......dship on the plaintiff. Though the words "interest at 10 percent" have been stated by the learned Subordinate Judge in his Judgment but it seems that the amount was given in the shape of damages, for, this 10 per cent has been added to the ascertained compensation in lump irrespective of t..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
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. ...... the section, and such incompatibility would have to be ascertained from a consideration of all the provisions of the new law. There is no doubt that Section 6 of the General Clauses Act is fully applicable to the amendment in the Act as indicated above. 23. Since section 6 ......United Province, AIR 1941 (FC) 16: Kirpa Singh, AIR 1928 Lah. 627; Vasu Dcva, AIR 1929 Mad 381; Canada Cement Co., AIR 1921 PC 219; Daji Saheb Mia, AIR 1956 (SC) 29; Dadha Krishan, AIR 1950 Nag.177; Nagendra Nath, AIR 1931 Cal. 100; Hossein Kashem Ltd. AIR 4953 (SG) 221; Jatindra Nath, 50 CWN 502; G..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. ......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. ......of 1970 claimed to be a citizen of Pakistan and a Managing Partner of a partnership 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..Category: Property Law | Date: 7 May, 1976 | Hits: 55
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 ......four specific purposes-'for examination of witnesses, for 'local investigation' for examination of 'accounts' and for making 'partition'. Even if the Code is applicable in full to an election case then also none of these 4 purposes covers the counting of ballot papers. Mr......etition, we do not think that there has been any such delay since the election case is still pending before the Tribunal. When an order suffers from want of jurisdiction it can be challenged at any stage. 9. The result therefore is that the Tribunal got no jurisdiction to appoint a Pleader Comm..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 ......& Co. (1958) 33 I.T.R. 182; (5) S. N. Namasivayan Chettiar Vs. C.I.T., Madras Taxation (1960) 2-III 277; and (6) Barak Chand Radha Kishen Vs. C.I.T., (1962) VI Taxation. 239. 7. We have, carefully gone through the decisions cited by the learned Advocate. It appears that the applicant's ......ak Chand Radha Kishen Vs. C.I.T., (1962) VI Taxation. 239; Commissioner of Income Tax Vs. Kameshwar Singh (1933) 1 I.T.R. 94; Haji Thread Manufacturing Co. Ltd. Vs. C.I.T. (1966) XIII Taxation, Page 32; Pakardas Dwarkdas Karachi Vs. C.LT., Karachi Sind and Beluchistan (1960) II Taxation (Supppl..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 ......t of the first application. It they had held that an appeal lay they could not take the view that there was no provision in the Code expressly providing for a remedy.” I, therefore, respectfully differ from their decision." 9. Similarly in PLD 1959 (West Pakistan) Quetta 1, Muha......quently on revision this was also affirmed by the High Court. 5. It was held that an order dismissing an application under Order 9 Rule 13 of the Code for default comes within the language of Order 43 Rule 1(d) of the Code and is appealable. It was further held that section&..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ......ble and leave without pay by the Railway Authority. 4. Mr. Mozammel Huq, the learned Advocate appearing for Bacha Mia and Mofizuuddin contends that Bahch Mia and Mafizuddin are entitled to their full wages for the period of absence, as they were illegally dismissed, and he refers to the case of......s. In Civil Revision No. 1423 of 1970 one Bacha Mia who is the petitioner was a railway guard under the Pakistan Eastern Railway and he was discharged from service by an order of the Chief traffic Manager, P.E. Railway on 21-4-53. Bacha Mia filed other Suit No. 146 of 1955 in the Court of the first ..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ......d other share-holders illegally. He has also alleged other irregularities on the part of the petitioners, namely, the payment of 3% dividends as declared by the company's profit from 1970 and the full amount has not been paid yet in spite of repeated demands by the objector, that the company und......namely, the payment of 3% dividends as declared by the company's profit from 1970 and the full amount has not been paid yet in spite of repeated demands by the objector, that the company under management of the petitioner was heavily in debts and its liability for exceeds its assets at the prese..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
.... Lord Sands, and it was obviously and rightly arrived at without regard to the question of the amount of future earnings, and solely on the basis of what life was going to be worth to a healthy young woman, earning her own living with dependent parents and with some prospects of marriage.”
......idows of two men, who died of an accident in the sub-marine. That is, against the torpedo officer and others. The defendants were held to be not liable for damages, although the accident could not be fully explained, but the possibility that some person moved the levers unknown to the torpedo office......ers……………Respondents
Judgment
April 30, 1975
Result:
The appeal is allowed.
Cases Referred to-
Goverdhan Vs. Maruti A.I.R. 1915 Nagpur Page 4; Kosaraju Peda Subabyya and others Vs. Moraranemi Veerayya and others A.I.R. 1935, Madrass 750..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
......tention did not, therefore, create any legal right or any right whatsoever in the petitioner to get transfers of these industries in their name in exchange of payment of price whether partially or in full. Mr. Malek, the learned Advocate for the Sena Kalyan Sangstha, drew our attention to the last p......gladesh Rope Works, Fouzderhat, Chittagong.
(17) Messrs. J. J. Rehbach Limited, Chittagong.
(18) Messrs. Gul Oil Mills, Khulna.
(19) Messrs. Tyre Soles Limited, Chittagong.
The Management Boards formed in this connection by notification No. Ind. XVI-2m- 1(72/220, dated 20. 9. 197..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ...... his own wrong. No such condition is available here. On the other hand, Max well, 9th Ed. at page 221, says inter alia that when some object of public policy is in view, the word receives its natural full force and effect. The preamble of the Presidential Order records, that due to the reign of terr......voidable may be given. This restricted meaning is permissible to avoid absurdity or hardship in case of third party bona fide purchaser for value without notice, or not to allow a party to take advantage of his own wrong. No such condition is available here. On the other hand, Max well, 9th Ed. at p..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....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 ......on. 19. Mr. Ahmed Sobhan, the learned Advocate appearing on behalf of respondent No. 3 has contendent that the preparation of Form No. 'O' by the Presiding Officer is, on the face of it, full of errors. The learned Advocate has pointed out that the Presiding Officer has counted, doubly ...... votes were found to be invalid votes showing that in all 2511 votes were duly cast, that the Presiding Officer scrutinised and counted the valid ballot papers in presence of the candidates and their agents and prepared the Form 'M' which was sent to the Returning Officer,-that at no stage o..Category: Election Law | Date: 4 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 ......m making further construction on the requisitioned land. The plaintiff thereafter filed a writ petition being Petition No. 145 of 1957 in the Dacca High Court and the said petition was rejected after full hearing on 8.1.58. According to the defendants, the cost of the unauthorized construction made ......ellip;…..Respondent Judgment January 31, 1975. Result: Appeal is dismissed. Cases Referred To- Md. Ismail Vs. Province of East Pakistan 16 D.L.R. (S.C.) 438 (at page 442); Rally Brothers Ltd. Vs. Province of East Pakistan 17 D.L.R. S.C. 629; P.L.D. 1966, S.C. 40..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
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