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Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)

....de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......inal Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Md. Sharifullah…………………Peti­tioner (In Petition No.201 of 1977) Vs. Election Tribunal Munsif, Second Court Habiganj and another Khan Ataur Rahman (In Petition No. ......ent the learned advocate with reference to rule 57 of the Union Parishad and Pourashava (Election) Rules, 1973 submitted that since the power of appointing Election Tribunal was given to the Election Commission; without confining the appointment to only judicial grounds for taking the view that the ..

Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....;Any person deeming himself aggrieved by any decision or order passed by an officer of Customs under this Act may, within three months from the date of such decision or order; appeal therefrom to the Chief Customs-Authority, or, in such cases as the Central Government directs, to any officer of Cust....... In this case the question of proceeding before a civil court came up in an election case and it was held by the majority decision, that jurisdiction of civil court is barred in matters entrusted to Elections Petitions Commission set up by Government of India (Provincial Elections) (Corrupt Practic......uestion of proceeding before a civil court came up in an election case and it was held by the majority decision, that jurisdiction of civil court is barred in matters entrusted to Elections Petitions Commission set up by Government of India (Provincial Elections) (Corrupt Practiced and Election Peti..

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

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

....tion and Annexures annexed thereto, we find that the Corporation, long before the petitioner was ordered to be transferred from the Company to the Corporation, decided on 25.11.72 that the service of Chief Executives including the Manager to be transferable from one Jute Mill to another or to the Co...... 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   ...... 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   ..

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

M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)

....11th January, 1972, Shaikh Mujibur Rahman, as the President, issued Pro­visional Constitution Order which provided amongst others, that there shall be a High Court of Bangladesh, consisting of a Chief Justice and so many other Judges, as may be appointed by the President from time to time. The......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in:    ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in:    ..

Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320

Pakistan River Steamers Ltd. Vs. Commissioner of Income-tax, Dacca Zone and another, 1977, 6 CLC (AD)

.... order of assessment and that the final order in existence was not the appel­late order but the order of the Income-tax Officer made in pursuance of the said appellate order. However, the learned Chief Justice of the High Court who delivered the judg­ment appears to have been of the view tha...... 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. ...... Syed ABM Husain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Muaim J Pakistan River Steamers Ltd......................................Appellant Vs. Commissioner of Income-tax, Dacca Zone and another……...Respondents Judgment ..

Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173

DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)

....elop­ed a suspicion that the petitioner had mani­pulated his transfer from Dacca to Sylhet Med­ical College in 1970 when he was serving as Professor of Medicine in collusion with the then Chief Secretary to the Government of East Pakistan who hails from the same district as that of the p......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   ...... joined the service of the then Govt. of East Bengal in 1952 as Assistant Surgeon and by successive promo­tion became the Professor of Medicine in 1962 on the recommendation of the Public Service Commission and on 10-5-63 was confirmed as such with effect from 24-4-43. While he was serving as th..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5

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)

....intiff was directed to make over the license and stock of cloth according of the direction of the Sub-Divisional Controller, Civil Supply, Chittagong. Mr. K. C. Ghose, the defendant No. 5 who was the Chief Inspector of Civil Supply made an inventory of the whole stock of goods in the shop of the pla......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.   ...... is any force in this contention, for the letter Ext. A (1) does not show that delivery of possession of the goods was made over to the plaintiff. Ext. A (2) is a letter written by provincial Textile Commissioner to his Divisional Officers indicating policy of issuing licences. Ext. A (1) is] he let..

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)

....Federation of Pakistan Vs. Tamizuddin Lhan, (1955) 7 DLR (FC) 291;Golam Zamin Vs. A.B. Khandker, (1964) 16 DLR 486; Mir Ahmed Nawaz Khzn Vs. Superintendent, (1966) 18 DLR (SC) 338; Md. Yusuf Vs. Chief Settle, & Reh. Comr (1968) 20 DLR (SC) 187; Wijeshiya Vs. Amit (1965) 3. AER 701; Prov. of...... 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. ......ectly what it cannot do di­rectly. In support, the Counsel relied on the case of R. Abdul Kader Vs. Sales Tax Officer; AIR 1964 SC 922, and the case of Navit Lal Vs. K.K. Sen, Appellate Assistant Commissioner, AIR 1965 SC 1375. 47. As to what is meant by "duties of customs" f..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....on of the principle applicable to construction of a provision of law, made by Lord Reading CJ. of the Court of Appeal, in the case of Rex Vs. Income Tax Commissioner, (1916) 2 K B D. 249. The learned Chief Justice stated the principle in the following terms:- “There is no insuperable obje......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. ......Cases Referred to- Colonial Sugar Refining Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC); Quilter, (1882) 9 QBD 672 (CA); Smith, (1901) AC 297, 305; West, (1911) 2CH. 1; I.T.Commissioner, (1916) 2 KBD 249; Delhi Cloth and General Milk, 54 JA 421; DaiVanayaka Reddiyar, ILR 5..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 1975, 4 CLC (HCD)

.... 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 ...... 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 ......ompensation money of Tk. 1, 72,552.31 paisa an amount of Taka 1, 12,573.60 paisa has already been paid. On 20. 4. 74 a copy of the letter addressed by the then Chairman of the authority to the Deputy Commissioner, Chittagong was sent to the Secretary, New Hawker's Market Dokandar Samity from whi..

Category: Property Law | Date: 2 Sep, 1975 | Hits: 3

Md. Shahabuddin Vs. Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Buildings, Dacca, 1975, 4 CLC (HCD)

.... Trust.   Memo No. EXO(S)/DIT/434/2 Dt. 16.4.74. Copy to: 1. Mrs. Rehana Begum, 12 Shamsabad Lane, Dacca. 2. Mr. Md. Shahabuddin, 46, Bagdasha Lane, Naya Bazar, Dacca. 3. The Chief, Awami League, Seshasabak Bahini, Jindabahar Union, Dacca. With a request to co-operate i......gly, made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J.-I agree Ed. This Case is also Reported in: 27 DLR (1975)(HCD) 649       ......gly, made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J.-I agree Ed. This Case is also Reported in: 27 DLR (1975)(HCD) 649       ..

Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1

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    ......sion (Special Original Jurisdiction) Present: Shahabuddin Ahmed J S.M. Hussain J Amizuddin Ahmed…………......................Petitioner Vs. Election Tribunal, Narayanganj and others…..........Respondents Judgment July 7, 19......cation under Article 102 of the Constitution the petitioner has challenged the order dated 31.8.74 of the Election Tribunal, Narayanganj (Respondent No. 1) accepting the report of a Pleader Commissioner appointed in connection with an election petition filed under Rule 56 of the Bangladesh..

Category: Election Law | Date: 7 Jul, 1975 | Hits: 3

M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)

....es in the course of discussion in the judgment referred to the observations made by Chagla C.J. of the Bombay High Court in the case of A. Moosa & Sons, Bombay Vs. C.I.T. Bombay City. The learned Chief Justice observed:- “The proviso to section 13 leaves it to the Income-Tax...... 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   ......l Revisional Jurisdiction) Present: Ruhul Islam J A.S. Faizul Islam Chowdhury J M/s. Friends Corporation Dacca…………….....Applicant Vs. Commissioner of Income Tax……………………...Respond..

Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2

Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)

....ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577      ...... Court High Court Division (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ahmed J Afazullah Manjhee....................... Petitioner Vs. Election Tribunal, Patiya ........Respondents Judgment June 13, 1975. Result: T......ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577      ..

Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3

Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)

....e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521       ......nt: Fazle Munim J Shahabuddin Ahmed J Lutfur Rahman………………………………….Petitioner Vs. 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tri­bunal, Kurigram....the Resp......Fazle Munim J Shahabuddin Ahmed J Lutfur Rahman………………………………….Petitioner Vs. 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tri­bunal, Kurigram....the Respondents ..

Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1

Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)

....rovince of East Pakistan & another........Opposite parties Pakistan Eastern Railway Administration……………Petitioner Vs. Md. Mafizuddin, Clerk under Chief Superinten­dent, Watch and Ward, P.E. Railway……………......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         ......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         ..

Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1

Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)

....s done, the sanctity and impartiality of the entire election is affected……(4) Result: The Rule is made absolute. Case Referred To- Md. Amjad Hossain Howlader Vs. The Chief Election Commission, Dacca and others in Writ Petition No. 185 of 1974 Lawyers Involved: ......al Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents Judgment ......al Jurisdiction) Present: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents Judgment May 20, ..

Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1

Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)

....ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671         ......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671         ......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671         ..

Category: Arms Law | Date: 2 May, 1975 | Hits: 2

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

....explaining the doctrine, Lord Porter in his Speech before the House of Lords in the case of Barkway Vs. Southwales Transport (1950) 1 A.E.R. 392, recited with approval the above-quoted observation of Chief Justice Erle. From the above formulation it is clear that the said maxim is a kind of rule of ...... far as this appeal is concerned. A.S. Faizul Islam Choudhury J.-I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 628         ...... far as this appeal is concerned. A.S. Faizul Islam Choudhury J.-I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 628         ..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5

Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd Vs. Govt. of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....tion and Cultural Affairs or a representative of that Ministry to be nominated by him. (4) Secretary, Ministry of Industries or a representative of that Ministry to be nominated by him. (5) Chief of Staff, Bangladesh Air Force or his representative. (6) Chief of Staff, Bangladesh Army......e interpretation of the Constitution. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 674         ......e interpretation of the Constitution. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 674         ..

Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3