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Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....ng both the appellants to transportation for life. While concurring with the main judgment just delivered by my learned brother Afzal, J in the case, I would like to add a few words of my own on some aspect of the chemical examination. 2. Facts of the case have been very ably set out and d...... sensation in his body. After reaching home he went to the latrine and after coming out from there complained of haziness of vision and burning of body and chest. The witness also stated that he then called Sanwar, Karam Ali and others to whom his father said that Mona gave pan to Fakir who then gav......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
............................Petitioner Vs. State, People's Republic, Bangladesh others……..Respondents Judgment May 4, 1978. Result: The Rule is made absolute. Cases Referred to- Ayub Khuro PLD I960 (SC) 237; Asma Jilani PLD 1972 (SC) 139; Ab......f complaint before the Sub divisional Magistrate, Kishoregonj alleging, inter alia, that on 18-3-75 at about 4 P.M. accused Chand Mia and six others who were not named being armed with deadly weapons called out her husband Erpon Ali and killed him by gun shot. 3. The learned Sub-divisional Magi....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
......Petitioner
Vs.
The Deputy Custodian, Enemy Property Management Board……....Opposite Parties
Judgment
April 14, 1978.
Result:
The rule is made absolute
Lawyers Involved:
B.N. Chowdhury, with Kazi Ebadul Huq— For the Petitioner.
......o 11 to be added as defendants in this suit.
I have heard the learned Advocates and perused the impugned order, the petition and the counter affidavit on record. The records of the case were not called for.
2. Short facts leading to this rule are that the plaintiff petitioner instituted a ......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....ip;……Appellants Vs. M/S. Pakistan Tubewell Company……………..Respondent Judgment April 14, 1978. Result: The rules are made absolute by allowing applications. Inter-connection and inter-dependence of the two firms- ......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......to the income of the other also shows that though these two firms were carrying on different business, but the profit from both the businesses would go to the same partners who are liable to face the loss as well in one or both the business. If same partners having the same set of shares are al..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
.... of approved libraries in which they are supposed to take in-service training for at least one month; the respective Librarian will submit report to the Chairman of the Examination Committee who is also the Head of the Department concerned and thereafter the latter is to award marks on the basis of ......session of study to which the petitioner belonged was already over and there was no scope for arrangement of "in-service training" of the students concerned. In such situation, the deponent called an emergent meeting of the Academic Committee of the Department on 3-9-76 and the Academic Co......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.........................................Petitioner Vs. Ashraf Ali and others..................................Opposite Party Judgment April 7, 1978. Result: Rule is made absolute Lawyers Involved: S.S. Roy Chowdhury with Abdur Rashid—For the Petitioner. ......the present Rule at the instance of defendant No. 1. I have heard the learned Advocates and perused the impugned order, petition and counter affidavit on record. The records of the case were not called for. 3. With regard to the application under Order 6 rule 17 of the Code, it a...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....auction purchase but he did never get possession thereof. The suit land originally belonged to Fazal Boyati, father of Adel Boyati, who had been possessing the same till his death and, after him, his son had been possessing the land and be brought a suit over the same suit land against the plaintiff......ance to the form. In Nidha Shah Vs. Murlidhar 30 I.A. 54 the Pricy Council enquired into the substance behind the form of an instrument of mortgage and held: “This instrument, though it is called a mortgage, and though it will be convenient to follow the nomenclature used in the document ......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
.... served with an order dated 22.8.77 in which it was slated that he was dismissed, from his service on the said allegation contained in the charge-sheet dated 4.5.77, although he had been charged with some minor offence punishable by censure, stoppage of increments etc. He submitted a representation ......powers enabling him in that behalf. This ordinance is of course, a law as referred to in the General Clauses (Amendment) Order, .1972. This Ordinance provides for the establishment of a Council to be called "The Bangladesh Council of Scientific and Industrial Research" by a notification in......, any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
....no jurisdiction to make the assessment after the expiration of two years and further held that, section 29 of the Sales Tax Act has no application in the facts of the present case. It was also held that the imported article was covered by the exemption, notification dated 5.12.1962.
T......ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
......ishing fire by the jute manufacturers. If the fire extinguishing device is not used in jute manufacturing process and in case there is a fire in the mill premises it would not only result in national loss of income but also it create s unnecessary occupational hazards. In the modem concept of manufa..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)
.........................Petitioner Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another.......Respondents Judgment February 17, 1978. Result: The rule is made absolute. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Md. Shafiqur Rahman—For the Pe...... containing three counterfoils; (b) One for Chairman. (2) Before the ballot paper is issued to a voter- (a) The number aid name of the voter as entered in the voter's list shall be called out; (b) A mark shall be placed on the voter's list against the number and name of t......he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ..Category: Election Law | Date: 17 Feb, 1978 | Hits: 7
Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)
..... Petitioner Vs. Mr. Aminur Rahman Khan and another………………..Respondents Judgment February 17, 1978. Result: The rules are made absolute. Cases Referred to- 26 DLR (SC) 33; 27 DLR 158. Lawyers Involved: Dr. M. ......of the Court, the proceeding of the Court may continue and the decision or award may be given in the absence of such member; and no act, proceeding, decision or award of the Court shall be invalid or called in question merely on the ground of such absence.” 6. Mr. Mahbub Hossain has tried......s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124. ..Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....intiff-appellant wherein prayers were made for three declarations. 2. The short facts necessary for the disposal of this appeal are that the plaintiff filed a suit for declaration that (1) the resolution of the Board of Directors of M/S. Alauddin and Taiwa Textile Mills Ltd dated 18-8-77 in whi......understanding in the family slowly cropped up and ill-feeling cropped up between the plaintiff and defendant Nos. 1 to 3 who are also directors of the Company. Defendant No. 1 by notice dated 15-8-77 called a meeting of the Board of Directors on 18-8-77 in. which one agenda, was "to discuss and......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
....) Present: K.M. Sobhan J Abdul Momith Choudhury J Commissioner of Income Tax, Chittagong……………………Applicant Vs. Consolidated Tea & Lands Co. Ltd..........................Respondents Judgment February ......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......ve arisen out of the Income Appellate Tribunal and run as follows: (i) Whether on the facts and in the circumstances of the case the Tribunal was justified in allowing insurance premium paid for loss and profit due to unforeseen circumstances as an allowable expense under Section 10(2) (xv..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
....arid Ahmed..................................Petitioner Vs. The Govt of Bangladesh & others.........Respondents Judgment February 10, 1978. Result: The rule is made absolute. Lawyers Involved: A.M.M. Abdul Jalil—For the Petitioner. Quazi Shqfiud...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ...... he was procuring other relevant papers necessary for the release of the imported goods the documents he had received from the sender's end were lost from his custody. He reported the incident of loss of documents to the Kotwali Police Station, Dacca and the matter was also published in the Dail..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....' to the petition made in super session of the order No. 433/1-PXV (O) dated November 16, 1972 of the Secretary (Establishment) Bangladesh Railway Board and the order dated 1-1-73 of the Chief Personnel Officer, Bangladesh Railway, Chittagong creating the petitioner as a fresh appointee with eff...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......e is substantively filled, the past service of the absentee is forfeited. c) Suspension immediately followed by reinstatement which need not be to the same office. d) Abolition of office or loss of appointment owing to reduction of establishment. e) Transfer to non-qualifying service ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....hudra Babashayee Samabaya Samity Ltd...........Petitioner Vs. Bangladesh.................................Respondent Judgment February 3, 1978. Result: The rule is made absolute. Lawyers Involved: Rafiqul Islam— For the Petitioner. Abdul Hamid Chowdh......Inspection held or made under this Act or the proceedings of any person subordinate to him or acting on his authority, and If it appears to him that any decision, order or award or any proceedings so called for should for any reason be modified, annulled or reversed, may pass such orders thereon as ......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....Chowdhury.............................Petitioner Vs. Govt. of Bangladesh...............................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ......icacious and that even where an alternative remedy is available an application under this Article- may lie if the High Court Division is satisfied that the alternative remedy is not available without loss of time and money. Again, the question of alternative remedy, he has argued further, will be of..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....hury................................Petitioner Vs. Govt. of Bangladesh..................................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ......icacious and that even where an alternative remedy is available an application under this Article- may lie if the High Court Division is satisfied that the alternative remedy is not available without loss of time and money. Again, the question of alternative remedy, he has argued further, will be of..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
..... The added defendants in their written statement denied liability and stated, Inter alia, that the Customs authority detained the consignments on 20-4-57 and requested the Railway to hand over goods so that they might be seized. The railway, however, refused delivery on the ground that the matter h....... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ......and kept under railway guard day and night and the pilferage, if any, had been done by the railway offices during the course of their employment and the railway administration was responsible for the loss caused by non delivery of the goods. Each of the plaintiff filed claim petition to the Chief Tr..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....ivil Revision No.1263 of 1977. Judgment A.R. Chowdhury J.—This rule is directed against an order passed by the learned District Judge allowing the temporary custody of the minor son and daughter of the petitioner to the mother, the opposite party in this rule. 2. I have he......of the petitioner to the mother, the opposite party in this rule. 2. I have heard the learned Advocate for the petitioner and perused the impugned order. The records of the case were not however called for. The rule is not opposed and no one has appeared for the opposite party although the noti......tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
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