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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. ......graph 6, that the agreement need not be signed by the both parties. It being sufficient that a party has accepted and acted upon, although he may not have signed it. 8. This well-recognised principle that the acceptance of an offer to constitute an agreement need not be in writing and......belongs to Mr. Salamat Khan the appellant. Over the demarcation of a common boundary dispute arose between the parties and Mr. Ahad, the Respondent approached the Deputy Commissioner, Chittagong for demarcation of that boundary and Miscellaneous Case No.1 of 1967-68 was staged and a surveyor ap......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
....
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
...... order is by its very nature quasi-judicial and not administrative. Since no such opportunity was given to the petitioner before the impugned order was made it is vitiated due to the violation of the principle of natural justice.
7. Before we part with the submissions made by the learned Advoca......ginal Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Abdul Mannan................................Petitioner
Vs.
Ministry of Land Administration and Land Reforms,
Govt. of Bangladesh…………...............Respondents
Judgm......
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
..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ......f loss suffered by them. The defendants only appealed to the Supreme Court. 4. The Supreme Court of Pakistan granted special leave to consider: Whether damages had been awarded on correct principle upon the contentions raised before it in awarding compensation to the plaintiffs in the...... decree passed by a Bench of the High Court of East Pakistan in a First Appeal affirming the judgment and decree of the Subordinate Judge, Chittagong against the defendant-appellants in the suit for damages for breach of contract. 2. The plaintiffs A. R. A. G. Limited are respondents: The ......or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
....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
......e O P. is also not supported by record.
In addition to the above mentioned findings he also discussed religious prohibition against the establishment of a school of music and referred to certain principles from the religious books and authorities.
2. Mr. Mirza Golam Hafiz, the learned Advo...... authority. The property in dispute which stands on two bighas of land with building thereon was requisitioned under section 3 of the East Bengal Emergency Requisition of Property Act. 1948 for the petitioner which is a College of Music, respondents 4 and 5 are two of the owners of the req......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
..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
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 ......lot papers in presence of parties. Before doing so it must come to a finding by evidence on oath that this recounting is indispensably necessary. On this view we are supported by established judicial principles. The decisions in Stowe Vs. Jollife (1874), L.R.I.C. P-446 and "G.T. Mudaliar Vs. Sa......arest rival candidate, Respdt. No. 2 and in due course went into office but Respdt. 2 challenged his election by filing an election petition on certain grounds and made an application to the Tribunal for appointment of a Pleader Commissioner to count the ballot papers. The application was allowed an......Commissioner appointed under order dated 25-3-5, the Tribunal itself clarified the matter stating in its order dated 31-8-74 that the proposed 'counting of ballot papers' necessarily included determination of the validity of those ballot papers. It is therefore clear that the Tribunal delega..Category: Election Law | Date: 7 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 ......Officer in rejecting the method of accounts employed by the assessee and increasing the gross profit by taking recourse of proviso of section 13 of the Income Tax Act, followed any approved principle. According to the learned Advocate the accounts submitted by the assessee were sufficient ......(1) of the Incomr Tax Act as amended by the Finance Order, 1972. And In the of: Application No. 39 of 1973 ) Judgment Ruhul Islam J. — By this application the assessee-applicant prays for deciding a question of law arising out of the order dated the 21st July, 1973 passed by the Inco...... 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 ..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 ......thin the language of Order 43 Rule 1(d) of the Code and is appealable. It was further held that section 151 of the Code does not provide any alternative remedy. It is based on the principle that no one should suffer for absence of a rule of procedure. His Lordship Ibrahim, J., re......iruzzaman under Order 9 rule 4 and section 151 of the Code of Civil Procedure restoring his Misc. Case No. 2 of 1967 filed by him under Order 9 rule 13, Civil Procedure Code, for setting aside the ex parte decree which was obtained by the plaintiff petitioner before me. ......lause (iii) of the Bengal Agricultural and Debtors Act. On revision against it the High Court held that the lower Appellate Court acted without jurisdiction because that was not relevant question for determination under Order 21 rule 19, but the High Court did not interfere under section 1..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
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 ......gment would have been the findings of facts on proper basis and as such this would have left no scope for our interference. The total disregards of the Tribunal to follow such an elementary and basic principle must be sufficient to establish that the judgment of the Tribunal is based on no evidence,.......19, 74, declaring the election of Vice-Chairman of Thanahat Union Parishad, Kurigram, Rangpur, avoid as being passed without lawful authority. 2. The facts are:-The petitioner who had contested for the post of Vice-Chairman of Thanahat Union Parishad of Rangpur was declared elected. The electi......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 ..Category: Civil Law, Election Law | Date: 3 Jun, 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 ......mination the entire evidence of such witness should be excluded from consideration or it should go to the benefit of the accused. We are unable to accept such a broad proposition. 9. There is no principle of law requiring that the evidence of a witness who has made contradictory statements in h......l 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 another......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
.... 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
......ff while he was standing in the corridor. The evidence is completely silent as to how the C. I. Sheet got unfastened and dropped from the scaffolding, and it is precisely in a case like this that the principle underlying the maxim can be invoked. The evidence adduced by the defendants did not seek t......he was on his normal inspection duty after the college hours as the Programme Officer on 5. 8. 58, he was seriously injured by the fall of a huge C.I. Sheet which suddenly fell on him with a terrific force from the scaffolding at the top of the Assembly Hall of the College. He was immediately remove...... 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
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 ......e judge should have observed, and of which he himself should have taken notice." He also referred to the case of Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 in support of the principle. 11. Each of the conflicting principles raised on by the learned Advocates show cogen......ion in his favor. The said Kunja Mohan Dev is no other than the father of the respondent No. 2, Anil Chandra Dev, who filed an application to the S. D. O. (N) Chittagong, alleging that the petitioner forcibly turned him out of the shop on 22.9.71 with the help of some military personnel. The petitio......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 ..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 ......ation of international law in the instant case. We are called upon in this case to interpret certain expressions used in a positive municipal law of the country. We have been referring to the general principles of public international Law in order to properly appreciate the significance of the said ......te Judge, Chittagong under section 5 of the Arbitration (Protocol and Convention) Act, 1937, which were numbered as Title Suit Nos. 3 and 4 of 1973. Prayer was made in the said applications for a decree of Tk. 8, 813, 76 and Tk. 37,931.00 on the basis of two Awards dated 19. 6. 68 and 15. ......he facts and circumstances of such treacherous conduct Banga Bandhu Sheikh Mujibur Rahman, the undisputed leader of 75 million people of Bangladesh, in due fulfillment of the legitimate right of self-determination of the people of Bangladesh, duly made a declaration of independence at Dacca on March..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ......at if the High Court in a Second Appeal remands a case to the lower Court, the matter finally disposed of by an order of remand cannot be reopened when the case comes back from the lower Court on the principle of constructive res judicata. 20. In the instant case the judgment of the High Court ......ince of East Pakistan, which was defendant No. 1 in the suit. 2. The plaintiff respondents brought this suit being Title Suit No. 42 of 1943 in the Second Court of Subordinate Judge at Bakerganj for a declaration of title and recovery of khas possession and for mesne profits as well as for a pe......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ......n reply has cited Piari Lal Vs. Hanifun-Nissa I.L.R. 38 Allahabad 240, Rewa Mahton Vs. Ram Kishen Singh I L R 14 Calcutta 1, Queen Empress. Vs. Wazir Jan I.L.R. 10 Allahabad 66 and submitted that the principle of automatic reversal of dependent orders does not apply in case of bona fide auction purc......put to auction sale on 1.8.70. Syed Maksud Ahmed the petitioner is the auction-purchaser. Judgment-Debtor Basu filed an application under Order 21 rule 90 of Civil Procedure Code on 29.8.70 for setting aside sale. It was registered as Misc. Case No. 354 of 1970. It may be noted that the ju......the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ......delimination Officer, Narayanganj and others, (1961). 17 DLR 181 PLD. 1961 Dacca 263, and The Presiding Officer Vs. Sadruddin Ansari and others, 19 DLR (S.C.) 510. These cases lay down the well known principle that a complicated question of fact should not be entertained by a court deciding a matter......ction of the Chairman of Noakhali Pourashava on the ground that there were certain unauthorized papers in the ballot boxes at the P.T.I. Maizdi Polling station. 2. The petitioner was a candidate for the office of Chairman of Noakhali Pourashava and the election was held on the 21st December, 19......icated nature which involves production arid assessment of evidence is not, as a general rule, undertaken. In such jurisdiction a speedy decision, is to be made on the basis of the records and if the determination of the question requires production of evidence, such jurisdiction is not ordinarily c..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ......red to be demolished would not be more than Rs. 4.000/00. It was asserted that the requisition was for public purpose and in accordance with proper legal procedure, that the suit was barred under the principles of resjudicata and that it was misconceived. 4. It may be mentioned that after the d...... D.C. Bhattacharya J. - This appeal is at the instance of the Plaintiff and directed against a decree dismissing his suit. The Plaintiff brought a suit against the Province of East Pakistan for a declaration that the requisition of C. S. Plot No. 992 of Mouza Dhanmondi on or about 19.4.57 ......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......nt as managing director," Chief Justice Hamoodur Rahman in the decision in the case of the President Vs. Mr. Justice Shaukat Ali reported in PLD 1971 (SC) 585 relevant page at 617 accepted, this principle of lifting the veil and on reference to L.C.B. Gower's Modern Company Law, 3rd Edition......ppellant Vs. M/s. Lucky Biri Company.................................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; Pres...... has been stated in the said written statement that the, realization was done duly and legally. 5. On these pleadings of the parties the learned Subordinate Judge framed the following issues for determination of the suit: 1. Has the plaintiff any cause of action for the suit? 2. Is th..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
.... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
...... Cal. 644 and also in the judgment of Mehar Singh, J. in Messrs. Grison Knitting Works Vs. Laxmi commercial Bank Ltd. and others, A.I.R. 1960 Punjab 98. Although no case law was referred to, the same principle as laid down by a Division Bench of the West Pakistan High Court in the case of Messrs con......h Court of the Subordinate Judge, Dacca in Title Suit' No.7 of 1960, which the Appellant brought against the East Pakistan Provincial Cooperative Bank Limited (hereafter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the payment of the mo...... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ......tain the advice of the representative of the Company while he chose not to give any advice to the Chairman is spite of request. 30 In these circumstances reference may profitably he made to the principle enunciated in Maxwell's Book “On Interpretation of Statutes' 11th Editi...... and others………………Respondents (In Civil Appeal No. 2 of 1974). Judgment May 3, 1974. Result: The order sending the case back on remand for retrial is hereby set aside. The award made by the learned Chairman directing the re-instat......n 11th of July, 1963. The learned Judges considering the relevant provisions of the Ordinance and the rules framed thereunder discharged the Rule. These decisions render no support for determination of the question whether advice of member is mandatory or not and whether the..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ...... referred to which was to the following effect: “Subject to Article 63, any decision of a High Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other Courts that are subordinate to it. And Article 63 pro......desh, AIR 1963 (SC)1019;M P.V Sundararamier & Co. Vs. State of Andhra Pradesh, AIR 1958 (SC) 468. Lawyers involved: Latifur Rahman—For the Petitioner. Miah Abdul Gafur—for the Opposite parties. Revision Case No.650 of 1971. Judgment Debesh Chandra Bhatt......f such of the fundamental rights conferred by Chapter I of Part II of this Constitution as may be specified in the Order, and any proceeding is any Court which is for the enforcement, or involves the determination of any question as to the infringement, of any of the rights so specified, shall remai..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
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