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....azra.............. Petitioners
Vs.
The State and others.................................................OppositeParty
Judgment
June 21, 1977.
Result:
The Rule is made absolute.
Cases Referred To-
Ghulam Jillani and Govt. of West Pakistan Vs. Begum A.K. Abdul ......ce because the 'reasonable suspicion' of a Police Officer and the 'satisfaction' of the Government is at a par in case of consideration of the liberty of the subject when the court is called on to adjudicate the matter.
13. It is too late in the day now to canvass that the '......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.
..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and anoÂther, 1977, 6 CLC (AD)
....e appellant instituted Money Suit No.23 of 1952 in the Court of Subordinate Judge Third Court, Chittagong for recovery of Rs. 82, 307-15-9 on account of damage to and loss of the goods imported and also for loss of profit as a result of the negligence of the respondent. The break-up of the tota......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. ...... The damage was caused by coal and/or coal sweepings and out of 25 cases of cotton piece goods 8 pieces from one case was found missing. The appellant demanded compensation for goods damaged and loss but with no result. The appellant served notice on the respondent No.3, the Federation of ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....nder 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 to the and transferred. In this application as many as 9 persons including the pre-empted Abdul Rashid and one Abdul Has him were impleaded. This application wa......scharged without any order as to costs. [Editor's Note-We beg to add (in addition to what his lordship of the High Court has said in his judgment) that Tahurul Karim (hereinafter called Tahur) being found a tenant holding land contiguous to the land transferred, his claim of rig......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. ..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....tion Company" carried on the business of Inland Water Transport and at all material time was and is the owner of the vessel "M.L. Madina". The plaintiff-respondents suffered loss by reason of the vessel "M.L. Madina" causing damage to "M.L. Jalamoni" and the accide......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. ......er of the said vessel, by virtue of letter of abandonment executed in favor of the insurer by the said owner and the Industrial Development Bank of Pakistan, the mortgagee upon full settlement of the loss, became entitled to the said vessel and the rights of the owners and the mortgagee in respect o..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
....nces of Bengal and Assam of the then British India, in pursuance of a scheme approved and sanctioned by the Government of Pakistan. A specific condition of the said scheme was that the losses and unabsorbed depreciation of the Said two British Companies as assessed upto the date of transfer would pa...... 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.
......rt in the Provinces of Bengal and Assam of the then British India, in pursuance of a scheme approved and sanctioned by the Government of Pakistan. A specific condition of the said scheme was that the losses and unabsorbed depreciation of the Said two British Companies as assessed upto the date of tr..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....f three partners applied to the Deputy Commissioner for a certificate under section 20(4) of the Act. By his Order dated September 5, 1963 the Deputy Commissioner refused to grant the certificate. Reasons for his refusal were that some of the partners were Indian Nationals and did not actually carry......mendment) Ordinance, 1956 (E.B. Ord. No.III of 1956), or of any other law making any amendment in the said Act, or of the acquisition of any property made under any provision thereof is challenged or called in question shall abate, and all orders, including orders of injunction and other interlocuto......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. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....ellip;……Petitioner Vs. Bangladesh & others ……………..Respondents Judgment December 6, 1976. Result: The rule is made absolute. Case Referred to- The State of Jammu and Kashmir Vs. Triloki Nath Khosa and others......ndent No. 2. W.P. 571 of 1978 Judgment Abdur Rahman Chowdhury J.- Dr. Nurul Islam, Director and Professor of Medicine of the Institute of Post Graduate Medicine and Research, briefly called the IPGMR, obtained this Rule Nisi against the respondents to show cause why the Notification......tioner's duties as the Director in any way came to conflict or suffered due to his being the Professor of Medicine or for that matter for his private practice. We are, therefore, really at a loss to understand as to why it should have occured to the Government to relieve him of his duties a..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
.... other for retail sales.
3. Some officers of the Civil Supply Department became displeased with the plaintiff as it failed to satisfy their whimsical wishes; as a result, the firm was put to all sorts of harassment. On one occasion in the month of July, 1944 the plaintiff was ordered not to dis......ame which has been marked as Ext. 9. The original Ext. 9 was filed before the District Controller and Sub-divisional Controller before 11 a.m. on 6-9-45. But no one from the side of the plaintiff was called for settlement of the prides for Lungies. The price fixed by the Sub-divisional Controller, C......intiff. So, the trial Court is not wrong to allow some damages in the shape of interest to the plaintiff and the Civil Court has always that power Jo compensate a person when he is put to unnecessary loss by some other person. Hence we maintain the order of the trial Court awarding compensation of R..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
.... of 1974, 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 f......eals.-(1) As appeal from the judgment of a Special Tribunal shall lie to the High Court Division. (2) Save as provided in sub-section (1) no order, judgment or sentence of a Special Tribunal shall be called in question in any manner whatsoever in or before any Court”. New section 30&......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)
....uddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Bangladesh Tea Estate Ltd.... ............Appellant. Vs. Bangladesh Tea Estate Staff Association................Respondent Judgment May 17, 1976. Result: The appeal is di......to Grade II, Garden clerk on 3-7-67. The appellant by a letter terminated the service of Nurul Absar under section 19 of the East Pakistan Employment of Labour (Standing Orders) Act, 1965 hereinafter called the "Standing Orders Act" offering him his legal dues. The employee instead of rece......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
Gurudas Saha Vs. Deputy Custodian, EnÂemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....appellant then filed petition seekÂing special leave. After the filing of the petiÂtion, the Supreme Court of Pakistan granted successive adjournments for enabling the appÂellant to appear in person and to produce his passport. Then on July 7, 1969, he appeared in person and produced his pas......ationaÂlity, 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. ......e facts, it cannot be said conclusively that the appellants have either lost their naÂtionality or acquired Indian Nationality. The Respondent, upon these vague assertion of fact cannot claim the loss of nationality of the appellants. The High Court has given credence to these vague allegation ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
.... Deputy Commissioner who surveyed the two plot and submitted a report. The appellant disagreeing with the report filed a petition in the demarcation case on 19-9-67 praying for appointment of five persons named by him including Mr. Zainul Abedin Chowdhury, Administrative Officer, Divisional Com......on dated 19-9-67, in place of Mr. Alimullah Chowdhury as an umpire. The Respondent filed an objection against this petition dated 7-10-67 on 27-11-67 contending that the appointment of umpire was not called for in view of the appointment of Mr. Zainul Abedin Chowdhury as the sole Arbitrator and pray......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. ..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
....ther contended that 'Dilphane' was not an excisable commodity as defined in section 2(d) of the Act and it did not fall under item 35 of the First Schedule to the Act which embraces 'Cellophane', all sorts of plastic materials and synthetic resins, 'Dilphane' was neither 'Cellophane' nor plastic nor...... in sealing and mending artiÂcles. Cellophane is struck, or laminated, to materials to give them gloss, protest them against moisture, and preserve print.
Cellophane is made from plant fiber, called cellulose. Highly purified sheets of cellulose prepared from wood are soaÂked in sodium hydr......ing of electric wire. Cellophane is used as a base for pressure-sensitive tape, which has many uses in sealing and mending artiÂcles. Cellophane is struck, or laminated, to materials to give them gloss, protest them against moisture, and preserve print.
Cellophane is made from plant fiber, c..
Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....¦â€¦..............Respondent Judgment July 31, 1975. Result: The appeal is dismissed. Cases Referred to- Jamal Vs. Moola Dowood and sons, AIR 1915 P. C. 48: A. V. Joseph Vs. R. Skow Bux, AIR 1918 Privy Council 149; Erroll Mockay Vs...... that the seller defendants are not liable to pay damages claimed by the plaintiffs on their failure to prove actual loss: They are at best entitled to nominal damages. He has in his support called in aid S. 73 of the Contract Act. 6. Before dealing with the contention of Mr. Sha......ate of Rs. 99/- per bags. The defendants contested the claim on grounds, inter alia, that the plaintiffs were not entitled to any damages for non-fulfillment of the contract since they suffered no loss on that account. On consideration of evidence the suit was decÂreed by the trial Court for a ..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....been formulated in manner as follows:- “Whether in the facts and circumstances of the case the Tribunal was justified in upholding the rejection of accounts and taking recourse to the proviso of section 13 of the Income Tax Act and enhancing the rate of gross profit disclosed by...... 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 ......as as follows:- There is no stock book and it is not possible to verify that the whole of the stock was accounted for. I would increase the gross profit by Rs. 5,000/- which would turn the gross loss of Rs. 1,872/- into a net profit of Rs. 3,128/- hence added. 12. The question referred to ..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....he defendant filed an application for restoration under Order 47 Rule 1 and under section 151, C. P. C. which was rejected by the learned Munsif and subsequently on revision this was also affirmed by the High Court. 5. It was held that an order dismissing an application under Ord...... section 151 of the Code was enacted, and where there is no provision in the Code expressly providing for a remedy and none which prohibits a remedy being administered and as such remedy is called for in order to do that real and substantial justice for the administration of which it exist...... 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 ..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....p;…..Opposite party Judgment May 30, 1975. Result: The rule in Civil Revision No. 1423 of 1970 is discharged. The order of the learned District Judge with different reason is affirmed. The rule in Civil Revision No. 811 of 1968 is made absolute. Cases Referr......f the Payment of Wages Act to the railway employees, we think only one question set out below is necessary for the disposal of these revision cases and so no further discussion on other questions are called for. 3. The question of law which arises for consideration is whether the railway employ......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
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....……..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent Judgment May 22, 1975 Result: The Rule is made absolute In the presence of any family member no property can be treated as abandoned property ev......c Works, & Urban Development for information and necessary action. 2. Mr. Abdur Rashid 9, Joginagar, Dacca for information & with request to produce necessary documents of ownership when called for by the Govt. Sd/- (Illegible) Sub-divisional Officer, 24.5.75 Sadar (......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....eeting primarily the power under section 76 subsection (3) of the Companies, Act 1913 of the Court can be invoked. But in exercising power under section76 sub-section(3), court will, also, have powers, conferred on it by section 79 sub-section(3): If due to inadvertence the ......the petition says with regard to the balance sheet upon which the learned counsel has laid considerable stress has nothing to do with the matter. Possibly, the general meeting, which should have been called is one before which the balance-sheet should have been placed, but section 76 makes...... Board of Directors was held in 1973 to discuss the accounts of the company for the year 1972. Similarly no accounts of the year 1971 were even presented before the Board in 1972 although there was a loss of Taka over 6 lacs appears from the balance sheet of the year 1971. In Every year from 1955 to..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
...., Special Magistrate, Pabna, in G. R. Case No. 264 of 1973 convicting the appellant under section 19(f) of the Arms Act read with P. O. 50 of 1972 and sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Tk. 500/- in default to suffer rigorous imprisonment for......Bandanagar under P. S. Chatmohar to search the house of the appellant in connection with Shahjadpur P. S. Case No. 4 dated 16.1.73 along with P.W.7 Constable Lal Miah, after arrival at the village he called the witnesses P.W.2 Nitai Biswas, P.W.3 Gupi Sardar, P.W. 4 Saritullah, P.W. 5 Faizul Islam a......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
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