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Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
.... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ......ong it was out of his possession till its acquisition. Recurring compensation is being paid all along without any serious objection from the government. Mr. Sultan Ahmed himself had suggested certain principles for determining this compensation in F.M.A. Nos. 16 to 23 of 1977 for the period from the......ge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Improvement Act, 1953 briefly the T.I. Act. 2. The Government of Bangladesh is the appellant before us. Facts of the case, so far necessary for disposal of the appeal, are that an area of 2.55 ac......y Commissioner assessed compensation of this land at Tk. 8,286.12 but the respondents did not accept it. They made an application before the Court constituted under the Land Acquisition Act, 1974 for determination of a reasonable compensation as no tribunal was at that time constituted under the T.I..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ......appellant could urge that the Magistrate become functus officio in respect of the whole case on having passed the order of discharge of one Rahmat Ali from custody, let us assume that he can on the principle that all the accused involved in a case will be entitled to the benefit of an order if i......iminal Revision No.1173 of 1974) Judgment Ahsanuddin Chowdhury J.- This appeal by Special leave arises in the following circumstances: Complainant Abu Taleb Gazi lodged a first information report at the Kotwali Police Station, Jessore alleging that his brother deceased Lutfar......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ...... as such reference to the Second Screening Board was bad in law. In this context the learned Advocate submitted that apart from that the proceeding before this Second Screening Board being hit by the principle of double jeopardy, the impugned order passed by the respondent No. 2 is bad in law, becau......ns of fact and law are involved, and the same are being disposed of by this judgment. 2. In Writ Petition No. 351 of 1976 it has been stated, inter alia, that the petitioner Mr., A. Khalilullah, formerly Sub-Overseer cum-Sectional Officer, Jhenidah Building Sub-Division, under Building Division......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......edies but each is independent of the ether. They cannot therefore, be deemed to be mutually exclusive. The doctrine of "double jeopardy" which is a term of American Law corresponding to the principle of autrefois acquit and autrefois convict of the English Law as embodied in section 4......discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesford; Novel Vs. London Express Newspaper Ltd., 1919 Appeal Cases 368(391). Lawyers Involved: ...... other hand the proceedings for the criminal prosecution of a person who commits an offence under the Act in relation to those goods fell in a separate category. They are judicial proceedings for the determination of the guilt of the Person conserved for commission of the alleged offence and entaili..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....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.
......ice Officer and the 'satisfaction' of the executive authority has no significance because the conception that was expressed in the case of Shibnath Banerjee by the Privy Council guided by the principle of Liversidge Vs. Anderson was not available for interpretation of the Constitution and th......owdhury J.—This rule is directed as to show cause why the detention of KalipadaHazra now being detained in Jessore Central Jail should not be declared illegal and why he should not be brought before this court and set at liberty or such other or further order or orders passed as to this court ......lic power, the requirement that to gain the protection of the rule for its action thereunder the authority should be prepared to satisfy the courts to which the subject is entitled to have resort for determination of the question whether he has been treated in accordance with law and that he had act..
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. ......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. ......t Division in First Appeal No.37 of 1975, dismissing the appeal against the judgment and decree of the Subordinate Judge, Third Court, Dacca in Title Suit No.123 of 1973 instituted by the respondents for evicting the appellant at a monthly tenant. 2. On December 4, 1973, the respondent filed t......aid title suit for eviction of the appellant from the suit premises on the ground that they required the premises for bona fide use and occupation and that the appellant was a habitual defaulter. The determination of the points involved the consideration of the agreement between the parties dated Ma..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. ......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. ......he taking away of six bags of wheat. On 31st October, 1974 the people found Ismail Member in the house of Rostum Ali and asked him about the wheat and on his inability to say anything he was taken by force by the people to the Union Parishad Office where he was assaulted. 3. The Police after in......purpose of proceeding in particular way. The expression taking cognizance of an offence means the Court deciding to proceed against the offender with a view to determine his guilt. The stage for such determination does not arise unless the police submits chalan under section 173.” Th..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
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. ......veyance which could no longer be impugned. It is really only after the lapse of 12 years from Jogendra's attainment of minority that this section would come into play at all.” The same principle was followed in another Single Bench Decision reported in A.I.R. 1941 (Sind) Page 50 where...... M. Husain J.- This appeal at the instance of the defendants is directed against the judgment of the lower appellate Court affirming the judgment of the trial Court decreeing the plaintiff's suit for declaration of title and confirmation of possession of the disputed suit land. According to......sp;of the Limitation Act, shall be deemed to extend for more than 3 years from the cessation of the disability of the person affected thereby. Under section 28 of the Limitation Act, as the determination of the period of limitation for instituting a suit for possession of any property, the..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ......since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ......nbsp;of the State Acquisition and Tenancy Act hereinafter referred to as the Act. 2. Tahrul Karim alias Tuhurul Karim Khan Chowdhury filed an application under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous ...... was within four months from the date of the transfer and as such was not barred by limitation. The learned Subordinate Judge appears to have disposed of the two appeals without raising any point for determination in respect of the Misc. Case No. 61 of 1969. The learned Subordinate Judge, however, w..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
....bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
...... the rules specifically provide for depreciation in the case of works under construction. In this respect the impugned assessment is not found to have been made in accordance with the Rules. The same principle is also applicable in the case of addition Jo the assets, if any.
6. The next point u......cer, War Risks Insurance, East Pakistan Zone and others......Respondents
Judgment
May 5, 1977.
Result:
The rule is made absolute in part.
Lawyers Involved:
M. Hafizullahfor H.K. Chowdhuary—For the petitioner.
M. M. Huq, Asstt. Attorney-General—For the ......bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
..
Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3
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. ......23 (2) of the Act is an essential requirement for the purpose of assessment of an assesse's income. This provision of notice having been enacted for general interest in keeping with the principle of natural justice cannot be taken to be merely directory. It is a mandatory provisio......against a judgment of a Bench of the High Court of East Pakistan disposing of a reference under section 66 (2) of the Income Tax Act in connection of the assessment of the income tax of the appellant for the assessment year 1951-52. 2. The appellant is a Dealer in Jute and an income tax assesse......me of the assessee according to law. In the meantime the Supreme Court of Pakistan declared in the case of Radha Shyam Agar-wala Vs. the Commissioner of Income Tax (1960) 12 DLR (SC) 25 that the determination of the special assessment year ending on the 30th June was illegal in respect of these..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ......xes of the jurisdiction vested in it, in holding that the notice allegedly sent by post was duly served upon the petitioner, inasmuch as, no evidence has been produced to show that in fact the notice for the petitioner was actually posted by anybody. 3. Before we take up the above noted points ......f Criminal Procedure, 1898. 11. An application for setting aside the ex parte order or award, cannot be treated as a part of the original proceeding, namely, the proceedings for adjudication and determination of industrial dispute, which has been adjudicated and determined with the passing of t..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
....
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
......es 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 matter may call for scrutiny.
In the instant case the Corporation has found rightly or wrongly the allegations ......
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
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. ...... The learned Judge, however, found that "M.L. Jalamoni" was also guilty of breach of statutory duty, that is, in plying at a time forbidden under the license. The learned Judge followed the principle as provided in Maritime Convention Act 1911, that is due to the fault of two or more vesse...... Company" and Respondent No.2 (Plaintiff No.2) New Jubilee Insurance Company Ltd. being the insurer of the said Vessel, by virtue of the letter of abandonment by the insured, instituted the suit for a decree for Rs. 73,311/- against the defendant, along with other reliefs. In the suit it was st......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. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
.... 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.
......Officer Act, because the mistake would be his own mistake which he can always correct under section 35(1).
12. From the facts stated in the report of the said, case it is not very clear that the principle of law laid down in the said case was at all necessary for the disposal of the said case. ......id scheme was that the losses and unabsorbed depreciation of the Said two British Companies as assessed upto the date of transfer would pass to the appellant Company. The assessment of R.S.N. Co. Ltd for the year 1947-48, the previous year being Calendar year 1946, was made in Pakistan on 29.3.52. T...... 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.
..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
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. ......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. ......again reconstituted by the remaining 3 partners K.P. Mahmud, Mohammad Kamal, H. Amir Ali along with 3 new partners namely, M.S. Islam Chowdhury, Mujibur Rahman and Syed Mohammad in place of the aforesaid retried partners. On the 6th of January, 1972 a Notification purported to have been is......ncludes both natural and juristic person. 19. Turning to the second question, we find that the construction of Article 2(1) reveals that formation of opinion by the Government is implicit in the determination of a property as an abandoned property coming within the definition clause. No doubt t..Category: Others | Date: 27 Jan, 1977 | Hits: 217
....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.
......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.
......964 (W P) Karachi 290; Alep Shah Fakir Vs. Muhammad Amud Ali Munshi 7 D.L.R. 603; Kumar Pramath Nath Roy Vs. Nawabzada Syed Ali Mirza and others 2 D.L.R. 319; Province of Bengal Vs. Board of Trustees for Improvement of Calcutta AIR 1946 Cal. 416.
Lawyers Involved:
S. C. Das with Zahir Ahem......r under Sub-rule I and 2 of Rule 75A of the Defense of India Rules requisitioning the stock of Lungies lying with the plaintiff firm. In accordance with the direction in the order, for the purpose of determination of compensation, the plaintiff furnished price list before 11 a.m. on 6.9.45 and deman..
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. ......mpositions which are made on goods imported into or exported from the country. In support, he referred to the following passage in Marriott Vs. Brune (1850) 50 US 6M at P. 631: "The general principle applicable to such a case would seem to be, that revenue should be collected only from the......iya Vs. Amit (1965) 3. AER 701; Prov. of E. Pakistan Vs. Serajul Huq Patwari, (1967) 19 DLR 281; Sheikh Pir Muhammad Vs. Khulna Municipal Committee (1967)19 DLR (Dae.)55; Shanmugha Oil Mill Vs. Coimbafore Market Committee, AIR 1960 Mad. 162; Kunnathat Thathunni Moopil Vs. State of Kerala AIR 19......d Import Policy Order and the various public notices thereunder making such impositions were, therefore, validly made. Next, he submitted that the main question involved in these appeals require determination of the legislative competence of the Central legislature in enacting Act III of 1967 w..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 repealed enactment. According' to this view there is no reason for giving any different effect to these two methods which achieve the same result. There is hardly any controversy that the above principle of law is not applicable to both the cases where a statute has been repealed; and where th......, convicting the appellant under section 25(1) read with item 6 of the Schedule and section 2(b) of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Taka 1000/-, in default, to suffer rigorous imprisonment for six m......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. ..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....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. ......e through the Union under East Pakistan Labour Dispute Act, 1965, hereinafter called the "Labour Dispute Act". The Union (East Pakistan) Tea Estate Staff Association, is the Respondent. The principle contention of the respondent was that Nurul Absar was an active member of the Union and wa...... was that Nurul Absar was an active member of the Union and was its Unit Representative of the Chittagong Circle, and that he took active part in the union matters, and so the employer victimised him for his trade union activities. 3. The appellant's contest centred round the maintainabilit......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
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