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M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)

....rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in:    ......rt dismissed the appeal that was taken from the award before that court. The High Court of Bangladesh on 3rd of July, 1972 dismissed the appeal taken from the execution proceeding by the appellant holding that the question whether the decree holder is a firm or a person could not be agitated in ..

Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320

Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)

....ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344.   ......e of the prosecution to adduce evidence in spite of several opportunities being allowed the learned Magistrate discharged the accused under section 253 of the Code without recording any evidence holding that the charge was groundless Subsequently, on an application by the Court Sub-Inspector th..

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.         ......s in support of the case of the defendant that the accident was due to the negligence of the Crew of "M.L. Jalamoni". 8. Issue No. 1 was decided by the learned Judge on August 15, 1966 holding that the Court has jurisdiction to entertain the Suit in its Admiralty Jurisdiction. Thereaf..

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.     ...... the owner of land contiguous to the land transferred and that this application is not maintainable in law and is barred by limitation. 4. The learned Munsif rejected the claim of the transferee holding that section 96(4) of the Act gives the right only to those transferees who are co..

Category: Property Law | Date: 8 Mar, 1977 | Hits: 3

Pakistan River Steamers Ltd. Vs. Commissioner of Income-tax, Dacca Zone and another, 1977, 6 CLC (AD)

.... 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. ......d it involved the reopening of the assessment for the years 1947-48 and 1948-49. The Income-tax Officer by his order dated 15.7.61 over­ruled the objection and rectified the revised assessment on holding that the Company having been found by the Appellate Assistant Com­missioner to be a non-..

Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173

M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)

....e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ...... application the petitioner has made the grievance that about the legality of the Order dated 22nd September, 1973 passed by the Additional Deputy Commissioner, Dacca purporting to resume the land in holding No. 118, Segun Bagicha, P.S. Ramna, Dacca on cancellation of the lease and forfeiting the sa..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

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. ......aning of Article 2 of President's Order No.16 of 1972. As regards the question with regard to the assets and business of the firm in question the High Court Division has found that with a view to holding a certain property of absentee owners to be an abandoned property it is to be seen if the Go..

Category: Others | Date: 27 Jan, 1977 | Hits: 217

DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)

....peti­tioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12   ......id hold and perform the duty without filling up any particu­lar post of Prof, of Medicine and the petitioner did not and does not receive any extra remuner­ation or any separate emolument for holding the designation and performing the duties of Prof, of Medicine. Though there was no particul..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....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.   ......ut foundation As already observed the letter Ext. 4(1) was written on 13. 7. 46 nearly a year after requisition of the goods on 26.9. 4.5. The learned Subordinate Judge rightly expressed surprise for holding the goods so long by the Civil Supply Department in face of great demand of the goods in the..

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)

....ort duties); (b) duties of excise (including duties on salt, but not-including duties on alcoholic liquor, opium or other narco­tics); (c) corporation tax and taxes on income other than agricultural income; (d) estate and succession duties; (e) taxes on the capital value of a......ers under section 42 of the Govern­ment of India Act, 1935 issued Emergency Powers Ordinance No.IX of 1955 validating those Acts by giving his assent to them with retrospective operation. In holding that the Ordinance in so far as it validated those Acts Which had become invalid due to ..

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. ......ose under the following circumstances. One Annapurna Debi had occupancy right in certain lands which were held by her as a tenant under the petitioner and his co-sharers. On May 20, 1938 she sold the holding by two separate registered kabalas to two different venders. Notice of those sales were serv..

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. ......rst Miscellaneous Appeal No. 131 of 1968 dismissing the appeal filed by the appellant sustaining the order of the Second Labour Court, Chittagong. 2. The facts are, that the Appellant, a company holding tea estate in the Chittagong district, employed Nurul Absar Chowdhury a clerk, Grade III fro..

Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137

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. ......tan Government. This does not at all refer to residence on the authority of Pakistan Government. There is no language in the explanation which could be construed to extend the immunity to a person holding a passport or getting renewals of his passport. Secondly, the contention does not stand the..

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. ......ppointed, Quarter Master General had no power to make without the permission of the Court, another appointment; but the appellant did not raise this objection at the time the third arbitrator started holding the enquiry. In the circumstances the appellant must be deemed to have agreed to the appoint..

Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352

Karnaphuli Rayon and Chemical Ltd. Vs. Collector of Central Excise & Land Customs, East Zone, Chitttagong & another, 1975, 4 CLC (AD)

.... constitution. In the result, there being no substance in the appeal it is dismissed without any order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 72. ....... Habibur Rahman learned Counsel for the appellant contended that the High Court erred in disregarding the fact that 'Cellophane' is a trade mark registered in different countries of the world and in holding, in disregard of the admitted fact, that 'Cellophane' was a generic term and that 'Dilphane'..

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)

....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.  ......lso filed cross-objection on the ground that the trial Court should have decreed the suit on the basis of the market difference at Karachi. The learned Judges of the High Court dismissed the appeal holding that although the plaintiffs could not prove that they had suffered loss on account of non..

Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240

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   ......t out in paragraph 10 of the application. The question of law has 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 ..

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   ...... 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

Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)

....ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577      ......is of no legal effect. As a result, we declare that the petitioner is qualified for election as Chairman of the Union Parishad and also declare that the election in center No. III only is void. After holding fresh election in centre No. III the result obtained may be amalgamated with the result of t..

Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3

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.       ...... Section 76 is a special provision regarding the statutory meeting and annual general meeting, whereas section 79 is the general provision. Where there had been a default in the holding of an annual general meeting primarily the power under section 76 subsection (3) o..

Category: Corporate Law | Date: 20 May, 1975 | Hits: 2