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Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
.... A.R.M. Shafiqur Rahman—For the Opposite Parties. Criminal Revision No. 1274 of 1974. Judgment Abdur Rahman Chowdhury J.—This rule arises out of an application for quashing the proceeding in C.R. Case No. 716 of 1973 pending in the Court of Sub-Divisional Magistra......hafiqur Rahman—For the Opposite Parties. Criminal Revision No. 1274 of 1974. Judgment Abdur Rahman Chowdhury J.—This rule arises out of an application for quashing the proceeding in C.R. Case No. 716 of 1973 pending in the Court of Sub-Divisional Magistrate Sadar, Nor..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. ......egligent in the navigation at the relevant time when the accident took place. Negligence of Crew are enumerated thus: (a) they failed to keep a good and adequate lookout'; (b) they were proceeding at an excessive speed; (c) they were navigating the vessel without any regard to the..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417. ......he learned Subordinate Judge, Kushtia in Miscellaneous Appeal No.106 of 1968 affirming those passed by the learned Munsif, 1st Court, Kushtia, in Miscellaneous Case No.234 of 1966 and arises out of a proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act. 2. ..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
.... 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.
...... that such merger is dependent upon the facts and circumstances of each case.
8. The Supreme Court of India appears to have laid 'down the applicability of the doctrine in an Income-tax proceeding, where under an order of an inferior tribunal merges in that of a superior one, in the ca..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
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 ...... No. 34, and that the mode of checking will clearly demonstrate that the petitioner was absolutely innocent and was caught in the trap conceived and designed in order to implicate him in departmental proceedings affecting his reputation as a fair and honest officer. The petitioner also submitted tha..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. ...... No. 34, and that the mode of checking will clearly demonstrate that the petitioner was absolutely innocent and was caught in the trap conceived and designed in order to implicate him in departmental proceedings affecting his reputation as a fair and honest officer. The petitioner also submitted tha..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
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. ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......Procedure. The learned Judge who heard the revision case (Civil Revision No.776 of 1973) found that the suit had already abated under the provisions of the President's Order No.90 of 1972. Before proceeding further the relevant provisions of this enactment may be quoted: "2. Notwi..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....ction committed the appellant to the Court of Section to stand his trial on a charge under section 471 of the Penal Code. Thereafter the High Court Division was moved and a Rule was obtained for quashing the proceeding. The High Court Division discharged the Rule as it did not find any irr......our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
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. ......on a charge under section 25 read with item 6 of the Schedule and Section 2(b) of the Special Powers Act of 1974 on the allegations, inter alia, that while Md. Nazimuddin was seen proceeding towards Tangail Town market area with a head load of 34 moras of silk yam on the morning ..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. ......n Calcutta at the relevant time could be said to be enemies in terms of Defence of Pakistan Rules, and so alien enemies in terms of section 83 of the Code of Civil Procedure. 7. Before proceeding to deal with question, some of the factual aspects regarding the appellants need to be c..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......f 1977. (From the Judgment and Order dated 6-5-1976 passed by the High Court Division in F.M.A. No.46 of 1969) Judgment Kemaluddin Hossain J. - The second party in an arbitration proceeding is the appellant. Facts giving rise to this appeal briefly put are, that R.S. Plot N..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)
....mitted charge sheet No. 10 dated 10. 6. 74 against the accused petitioners and others on 24. 6. 74 under sections 146/302/34B.P.C. and P.O. 50/72. The petitioners on 12-2-75 moved this Court for quashing the proceedings and obtained the present Rule. 3. Mr. Abdul Hye Chowdhury, learned Adv......Opposite Party Criminal Revision Case No. 218 of 1975. Judgment Amirul Islam Chowdhury J.— This rule was issued calling upon the Deputy Commissioner, Dacca, to show cause why the proceedings in G. R. Case No. 448/73 pending in the Court of the Sub-Divisional Magistrate, Munshiga..Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2
....
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 chief limitation is intended to be the fact whether compensation has been paid or not. If compensation has not been paid the order of withdrawal may be made but since finality must attach to the proceeding for requisition and acquisition, no such withdrawal can be ordered after compensation has..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....s order.
In the result the rule is discharged without any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
......not contemplate the existence of any third party who may be aggrieved by an order of requisition or its conciliation of setting aside. In considering the question who are the parties in a requisition proceeding, K. Hussain J. after referring to the various sections of the Act, including sections&nbs..
Category: Property Law | Date: 30 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 ......ontained in section 23(4) of the Income-tax Act, that is, applying the "best judgment" principle. It is true that formulation of an assessment is not in a strict sense, a judicial proceeding, but the method of inquiry and the ultimate decision have resemblance to trial and verdic..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 ......herefore, respectfully differ from their decision." 9. Similarly in PLD 1959 (West Pakistan) Quetta 1, Muhammad Hashim Khan Vs. Major Fazal Elahi Khan, the order of dismissal for default of proceeding for setting aside of an ex parte decree was restored under section 151 C. P. C...Category: Civil Law, Procedural Law | Date: 1 Jul, 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. ......eneral Meeting of the Company for the year. 7. Article 37. A General Meeting of the company shall be held once at least in every year (not being more than 15 months after the holding of the last proceeding general meeting) and at such place as may be determined by the Directors. Article 41. For..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....esult, the Rule is 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) 611 ......isdiction of the Court concerned, any objection relating to it can be raised before this Court. In his opinion, want of jurisdiction cannot be cured by any waiver and acquiescence by any party to the proceedings. 9. Mr. S.R. Pal, the learned Advocate for the respondent No. 2 submitted that if w..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ...... provisions have been made, may, by like notification, declare to be territories to which the said Convention applies, and for the purposes of this Act an Award shall not be deemed to be final if any proceedings for the purpose of contesting the validity of the award are pending in the country in wh..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
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