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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.   ...... amendment in 1968 after the decision of Ghulam Jillani's Case repotted in 19 D.L.R. (SC) 403. The Supreme Court held that in terms of section 3 that in order to gain protection for any action the existence of reasonable grounds is essential and mere declaration of satisfaction is not ..

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

Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)

....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ...... it having not been registered was enforceable and also inadmissible in evidence. The agreement to pay Tk. 19,200/- by way of advance rent was undoubtedly a part of the consideration of the transaction as defined in section 2(d) of the Contract Act. This contravenes the positive statutory manda..

Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60

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.   ...... an attempt to meet with arguments advanced on behalf of the respondent also relied upon a decision of this Court, Dost Mohammad and ors. Vs. The State, (1977) 29 DLR 122 and argued that the impugned action of the Special Tribunal does not fall within the scope of sub-sec. (1) of section 27&nbs..

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. ......nbsp;   Rs. 82,307-15-9 3. The respondents Nos.1 and 2 by filing a joint statement contended that the plaintiff appellant had no cause of action against them that the suit was barred by limitation under the provisions of the Carriage of G..

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.     ......n, can be instituted within three years from the time when the ward attains majority. 8. Considering the aforesaid provisions of the Limitation Act it clearly appears that a minor's right to action against his adversary with regard to the transfer of any property during his minority arises ..

Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2

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. ...... of his life and liberty except in accordance with law. In the instant case, an innocent man was made the victim of illegal detention, insults, and harassment due to the high handedness and arbitrary actions of responsible public servants who behaved like masters and not servants of the public. The ..

Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1

M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)

....d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......been provided therein. 16. No doubt, a return in respect of the March ending accounting year was filed by the appellant on 29-10-51 in pursuance of a notice under section 29(2) of the Act but no action was taken by the Income-Tax Department on the basis of the said return. The proceeding for as..

Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157

Nazir Ahmed Vs. Bangladesh Jute Industries Corporation represented by its Chairman, 1977, 6 CLC (HCD)

.... In view of the above, the Rule is discharged. We do not make any order as to costs. Ed. Rahul Islam J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 196   ......n employee can only be questioned in exceptional circumstances. Where the authority empowered to suspend does not apply its mind to the allegation against the employee and does not indicate what action is proposed to be taken by the employer and keeps on the employee hanging in suspend the matt..

Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2

Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)

....ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344.   ...... a Magistrate discharges the accused the whole of the authority granted by the Criminal Procedure Code in respect of the proceedings before hi is exhausted and he is not empowered to take any further action in the matter. A final order having been passed the proceedings are closed so far as he is co..

Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1

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.         ......notice through his lawyer on or about 21-8-64 to the defendant calling upon him to pay Rs. 65,000/- being the minimum value of the vessel but the defendant failed to pay the amount. The cause of action arose on April 29, 1964 at the place of collision on the river Meghna, outside the Chandpur S..

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   ...... of the said allegations the Storage and 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 ..

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.   ......f the said allegations the Storage and Movement Officer, Tejgaon, required the petitioner 4o explain, under this 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 seers and 8 chattaks of..

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

M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)

....e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ......ting that the property in question could not be treated as abandoned property. In the meantime the petitioner submitted an application for renewal of the lease with effect from 1st April, 1961 but no action was taken thereon as per terms of the lease; rather subsequently attempts were made for treat..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

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. ......it was so done, in this view of the matter the High Court Division has arrived at its deci­sion to the effect that the firm in question and all its assets were not abandoned properties. Hence the action of the appellants in treating the properties of the firm as abandoned pro­perties was dec..

Category: Others | Date: 27 Jan, 1977 | Hits: 217

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   ......ted 24-7-69 (Annexure I to the affi­davit). In view of the fact that the post of Director IPGMR is executive in nature with higher responsibilities requiring whole-time attention without any distraction including that of private practice, it was decided in the interest of public service with the..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | 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.     ......f duty. The plaintiff again on 3.6.59 asked for extension of the leave by further two weeks on the ground of illness which was refused by telegram Ext. C with a note of warning that he was liable for action according to Standing Order and Rule. The plaintiff then wanted to join on 23.6.59 but he was..

Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3

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.   ......0 which was written by Rohini Ranjan on the 16th December, 1946 to the Sub-divisional Controller, Civil Supply it was stalled by the Rohini that the requisitioned goods had been mostly damaged but no action was taken by the defendant at that time. We have no hesitation to say that the entire respons..

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. ......ade. The validation clause in Section 7 of the Act which contains the legislative con­trivance is, therefore, hit by Article 2 of the Constitution. To be legal, every administra­tive order or action is required to be based on the sanction of a contemporaneous law. In short, the Import Policy..

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. .......R. of the Court of Appeal in Quilter Vs. Mapleson (1882) 9 Q E D 672 (C.A). The Court of Appeal was considering the question of applicability of Conveyancing and Law of Property Act, 1881 to pending actions. The learned Judge stated the principle of law in the following manner:- “I am of..

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. ......ime being "enemy" in terms of Rule 161 (b) of the De­fence of Pakistan Rules and if so, whether they were as alien enemies precluded by section 83 of the Civil Procedure Code from taking any legal action in Pakistan Courts. It is to be remembered that the appellants sought to move the writ ..

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