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....hers (1946) A. C. 401 (H. L.); Walsh Vs. Holst & Co. Ltd. and others (1958) 3 A.E.R. 33; Rylands Vs. Fletcher; West Vs. Bristol Tramway Co. (1908) 2 K.B. 14; M'Alister (or Donoghue) Vs. Stevenson, (1932) A.C. 562 (H.L.); Ridden Vs. A.C. Billings (1957) 1 Q.B. 46; P.C. Oversees Tankship Vs. M......joyment by the latter of his property for it lies with the latter to protect himself from the operation of the natural laws: But, if the owner uses it for any purpose, which from its character may be called non-natural or extra-ordinary user, such as, for example, the introduction on the land of som...... of the defendant.
8. On the question of damages the learned Subordinate Judge rejected the claim of the plaintiff for damages for shortening of the expectation of life of the plaintiff, for the loss of the extra earning of the plaintiff since the date of the occurrence until his death, for men..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....p;……….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 23, 1975. Result: Both the Rules are made absolute. Cases Referred to- M/s. Yangteza Ltd. Vs. Barlars Brothers, 14 DLR (SC) 151; Ram B...... force in Bangladesh on the 25th of March, 1971, but consistent with the sovereign status of the newly born state were continued in force by virtue of a vary brief but significant enactment which was called Laws Continuance Enforcement Order, issued from Mujibnagar, on the same day as the Proclamati......result of conquest or annexation, the general opinion of International Jurists is that the treaties of the former are automatically terminated. The result is said to be produced by reason of complete loss of personality consequent on extinction of State: life vide Hyde on International Law, Vol. III..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....e was granted to the auction Purchaser; on 31.5.71 order for |he issue of writ of delivery of possession was made. On these occasions the judgment-debtor appeared through a lawyer, though not personally. On 11.6.71 the delivery of possession of the property was given to the auction purchaser. T......ahore 792, Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98, Sangram Singh, Vs. Election Tribunal Kotah and another AIR 1955 (SC) 425. A detailed discussion of these decisions is uncalled for, as they are confined to the expression used in the Civil Procedure Code. 15. There ......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)
....daker—For the petitioner. K.Z. Alam, Deputy Attorney-General, Ismalluddin Sarker, Asstt. Attorney-General M M, Haque, Asstt. Attorney-General—For Respondent Nos.1 & 2. Ahmad sobhan, with Aminul Huq—For Respondent No.8. Petition No. 83 of 1974 ......he basis of the records and if the determination of the question requires production of evidence, such jurisdiction is not ordinarily considered to be an appropriate forum. In present ease we are not called upon to decide any complicated question or disputed fact. We are to find out whether there ha......s found that there are only 40 ballot books which have been packed and sealed under Rule 42 and have been sent to this Court. If the statement that 130 ballot papers were missing is correct, then the loss of only one ballot book cannot explain the difference. As a matter of fact, the loss of three b..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....vour of the Respondent. He was all along in possession on his own account till dispossessed by the auction purchaser Uttama Devi was not the Judgment-debtor, in R. Ex. 65/59 in which the property was sold for a nominal sum. The Respondent claimed restoration of possession under Order 21 Rule 100 C.P......itle or interest in the suit property. The present application was not maintainable. Rarnjan Ali was the real purchaser and not a benamdar. 4. The learned Munsif on consideration of evidence called by the parties held that Niher Bala and Uttama Devi were the same person and that the Respond......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....firm of Khorabhoy Jagmall. After the cases were started the said Khorabhoy Jagmall in order to defraud the Government started a firm under the name and style of Lucky Biri Company in the names of his sons Deyaram Deoji and Wallamji Khorabhoy and employees Karman Narain and Wallamji Deoji with its he......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. ......for the liquidation of the certificate debt for which the plaintiff, company was not liable. The plaintiff company applied for refund of the said amount, but the prayer was refused which has caused a loss to the plaintiff company to the extent of Tk. 10 197/5/- by way of compensation for illegal and..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....-4-70 under section 302/34 B.P.C and sentenced to transportation for life, for murdering one Hasan Ali Chowkidar. 2. The prosecution case is that Hasan Ali Chowkidar and the accused persons were the inhabitants of village North Algi within chandpur Police Station of Comilla District. ...... transported by boats to different merchants of Noakhali. This pan business of Hasan Ali Chowkidar seriously affected the interests of accused Kashem Dewan who was the toll collector of a rival bazar called Rayer Bazar a little away from Algi Bazar. On 14-6-69 Hasan Ali Chowkidar carried, as usual, ......s were toll collectors of Rayer Bazar and that on the allegation of realisation of exhorbitant tolls by them a rival bazar, that is Algi Bazar, was set up about 7 or 8 years ago. This resulted in the loss of toll collection in Royer Bazar. As to the deceased, he has said that Hasan Ali along with hi..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
....;Cooveriji Umersey Vs. Mareji Vagaji & another, A.I.R. 1937 Bom 26; Hindusthan Co-operative Bank Limited and another Vs. Surendra Nath De and others, 36 C.W.N. 263, A.I.R. 1932 Cal 524; Messrs Grison Knitting Works, Vs. Laxmi Commercial Bank Ltd. and others, A.I.R. 1960 Punjab 98; Cocanada Vs. G...... 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
...... absolutely irregular and illegal. Goods worth Rs. 62,000/- have been misappropriated by the Bank and the good-will of the firm has also been adversely affected and the Bank is bound to make good the loss caused to the plaintiff. The plaintiff has therefore prayed for recovery of Rs. 62,000/- as the..
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)
....y 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-instatement of Aminul Islam is also set aside. The order terminating the services of Aminul Islam holds good. Cases Referred to-......e attempt at conciliation having failed, the seven representative workers as the First Party filed on 8-5-67 an application under section 6 of the East Pakistan Labour Disputes Act, 1965 (hereinafter called the Act) before the Second Labour Court, Dacca against the Manager, M/s. James Finlay & C......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: ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
..... The State ………………………………Opposite Party Judgment March 8, 1974. Result: The Rule is made absolute, Allowed Case Referred to- (1967) 19 DLR (SC) 403-Golam Jilani Vs. The Govern......S/O Late Aktar Ali of Niz Mohammadpur, P. S. Beanibazar, Dist. Sylhet in c/w the marginally noted case, I beg to report that he has been arrested on the confessional statement of accd. Habib Khan, so-called General of Muslim Bangla Guerrilla force. The accd is an active member of so-called......cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
.... set aside and the pre-emption case (Misc. Case 22 of 1979) should not be dismissed under rule 12 read with rule 8 of Order 9 C.P.C. on the ground of failure of the pre-emptor petitioner to appear personally an 25.1.84, the date of preemptory hearing, in spite of such direction of the Court passed o...... 5. Rules 8 and 12 of Order 9, C.P.C. are as follows:— "8. Procedure where defendant only appears:—Where the defendant appears and the plaintiff does not appear when the suit in called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendan......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160 ..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....lip;………................Petitioner Vs. Kashem Ali Maloo..............................Opposite Party Judgment January 22, 1974. Result: Rule is made absolute. Cases Referred to- Chittaranjan Sutar Vs. Secy. Judicial Department, 17 DLR 4......oid, we are, in fact, strictly speaking, guilty of contradiction of terms, for if it is unconstitutional it is not law at all; or if it is law it cannot be unconstitutional. Thus when a particular so-called law is declared unconstitutional by a competent court of last resort, the measure in question......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. ..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
.... Vs. The Chairman, Second Labour Court of East Pakistan and others..........Respondents Judgment July 30, 1973. Result: The Rule is made absolute. Cases Referred to- J.K. Cotton Spinning & Weaving Mills Co. Ltd. Vs. Labor App......Shops and Establishment Act, 1965. He claimed that according to section 4 of this Act he will be allowed one and half days "consecutive holidays with full wages in a week. He therefore called upon the respondent company to revise the working hours in accordance with the aforesaid sect...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
.... Mr. Md. Golam Mostafa, Ex-Junior Clerk; National Bank of Pakistan, Khulna.
2. Third Lobour Court, Khulna.......Respondents
Judgment
April 9, 1973.
Result:
The Rule is made absolute
Case Referred to-
James Finlay & Company Vs. Aminul Islam, 21 D.L.R. 84
La......e Court, the proceedings 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 be called in question merely on the ground of such absence.”
The expression requiring interp......esire, to re agitate the matter before the Labor Court.
We make no order as to costs.
M.N. Huda J.- I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 158.
..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....bdul Huq Miah. Advocate..............Petitioner Vs. 1. Additional 'District Judge, 1st Court, Dacca, Chairman, Special Tribunal under P.O. No. 13 of 1972. 2. Md. Shamsuddoula, son of late Haji Abdus Sattar, Ministry of Information, Dacca………&hel......further statement of the petitioner is that on 14-7-72 he filed a petition to the Sub-Divisional Officer to transfer the case to him from the Arbitration Court whereupon the Sub-Divisional Magistrate called for the records. A copy of the entire proceeding of the Arbitration case has been annexed as ......is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....atta Gaddnda Vs. Durgappa Irappa Bhatkhar in A.I.R. 1940 Bombay page 339; Joydeb Agarwalla Vs. Bitulmal Karkhana Ltd. (1964) 16 DLR (JSC) 706; P LD. 1965 (S.C.) page 37; Ardeshir H. Mama Vs. Flora Sassooa A.I.R. 1928 Privy Council Page 208 ;Golam Ali Kazi Vs. Saijuddin Howlader and another, Dacca La......I, Chapter 2, which deals with the specific performance of contracts. The Act, like the Indian Contract Act, 1872, is a Code. The chapter In question is a codification with modifications deemed to be called for by Indian conditions and procedure of the then existing Rules and Practice of the English...... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....p;Petitioner Vs. Upazila Nirbahi Officer and another………………...Opposite Parties Judgment May 3, 1992. Result: This Rule is made absolute. Cases Referred to- Nittya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DLR...... Vs. Quamaruzzaman and others, 26 DLR 233. In the aforesaid decision a Division Bench of this Court held as follows: "20. The preamble of President's Order No.142 of 1972 which has been called the Bangladesh Transfer of Immovable Property (Temporary Provisions) Order, 1972 runs as foll......eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136. ..Category: Property Law | Date: 3 May, 1972 | Hits: 4
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
....ctions asking the officer-in-charge of Tangibari PS to seize the petitioner's firearms and Mr. Hashem, the Magistrate, to hold an inquiry as to the desirability of cancellation of the licences were also without jurisdiction, not being covered by any provision of the Code of Criminal Procedure. ......eir lives. It cannot be said, therefore, that the learned Sub-divisional Magistrate was not justified, upon the materials before him, in being of the view that a proceeding under section 107 CrPC was called for in the circumstances of the case. 9. The second point, namely, that issuance of war...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
....p;..Petitioner
Vs.
Chairman, National Board of Revenue, Segunbagicha , Dhaka and Others……….Respondents
Judgment
April 5, 2015
Result:
The Rule is made absolute.
Income Tax Ordinance (XXXVI of 1984)
Section 120
IACT is empowere...... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
......he Ordinance had already been passed before filing the writ petition; that the petitioner has ample opportunity to go for appeal, if he is dissatisfied with the order. So, the question of irreparable loss does not arise at all; that the instant writ petition is frivolous, vexatious, without merit an..
Category: Fiscal/Taxation Law | Date: | Hits: 0
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....f the State Acquisition and Tenancy Act on the allegation that the opposite party No.3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite party Nos.1 and 2 by a so-called deed of exchange in order to defeat the right of preemption of the petitioner. The pr......he State Acquisition and Tenancy Act on the allegation that the opposite party No.3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite party Nos.1 and 2 by a so-called deed of exchange in order to defeat the right of preemption of the petitioner. The pre-e...... this judgment. 28. Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32. ..Category: Civil Law, Procedural Law | Date: | Hits: 2
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