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Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....p;.Respondent Judgment June 21, 1977. Result: The appeal is allowed. Cases Referred to- Jaffar Meher Ali Vs. Budge Jute Mills Co., ILR 33 Calcutta 702; ILR 34 Cal. 289; Chandra Srinivasa Rao Vs. Korrapati Raja Ram Mohon Rao, AIR 1952 Madras 579. Lawyers Involved: ......d not require to be registered under Section 17(1)(d) of the Registration Act. The provisions of Clause 2 of the agreement merely provided for the repayment of the advance money by adjustment of rent over a period of twenty four months. Furthermore, Clause 2 of the agreement does not show that the c......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....ight of a worker is infringed he may go to the Labor Court straight by an application for enforcement of the right. In this case two contradictory stands have been taken by the petitioner. On the one hand the petitioner has alleged that right specified in the Government Notification has been infring......This Rule under Article 102 of the Constitution calls in question an order dated 20.7.74 (Annexure C) of respondent No.1, the General Manager, Khulna Shipyard Ltd. made in pursuance of the Government Notification No. NID 37/73/958 dated 19-12-73 fixing wages and fringe benefits of workers ......sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
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Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. .......3, the Federation of Pakistan as it then was. On the expiry of the period of notice the 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 o......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. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 358
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
.... Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......e business which started in and from 1950. The appellant raised an objection under section 5 and 64 of the Act praying for transfer of the case from the Special Circle but the said objection was overruled by an order dated 14-3-53 by the Income Tax Officer. The appellant was served with a notic......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....ment March 8, 1977. Result: The Rule is made absolute. Lawyers Involved: Md. Abdul Hague- For the Petitioner M. Behter Ali—For Opposite Party Nos.1-9. M.H. Khandker, B.N. Chowdhury and Mahmudul Islam—Amicus Curiae. Civil Revision Case No. 999 of ......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. ......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. ..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
....Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
......igh Court, discharging a Rule obtained by the appellant on an application under Article 98 of the late Constitution of Pakistan.
2. The appellant a Company incorporated in Pakistan in 1959, took over on 1.1.1961 the business of the two British Companies, viz. River Steam Navigation Company Limi...... 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.
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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)
....………………………Respondents Judgment February 3,1977. Result: The Rule is made absolute. Lawyers Involved: M. H. Khandker with M. B. Rahman–For the Petitioner. Mostafa Kamal, Advocate-General with Quazi ......na, Dacca, after purchase of the same by the registered deed of conveyance dated 14th July, 1952 for a consideration of Rs. 77,393/9/- annas. The land measuring 19 kattas 4 chattaks belonging to the Government Khas Mohal appertaining to Khas Mohal Estate No. 157 of the Dacca Collectorate was taken i......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. ..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....ted all those documents to the ministry for its consideration. But the Government did not communicate any decision to the firm. On 15th February, 1973, however, two flats of the respondents firm were handed over to the Bangladesh Inland Water Transport Corporation in pursuance of an order of the Min......ntained in a Notification dated 6.1.1972 issued by the Ministry of Communication and another dated 23.10.1973 made by the Deputy Secretary, Ministry of Shipping, Inland Water Transport and Aviation, Government of the People's Republic of Bangladesh. 2. The case of the Respondents 1 and......he Partnership Act as to the reconstitution of the firm on the retirement of 3 aforesaid partners and the said fact had already been notified in the newspapers. Nevertheless, in a meeting of the management Board held on 20th January, 1972 a resolution was adopted stating that the Board of Manag..Category: Others | Date: 27 Jan, 1977 | Hits: 217
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
.... Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......that has been urged before us by the learned Counsel for the appellant is that the appellant having been appointed Mutawalli by the Administrator of Waqfs under the Waqfs Ordinance is covered by the words ''any other person" in section 98 of the Waqfs Ordinance and as suc......hy;tion 44 of the Waqfs Ordinance to appoint an official Mutawalli on such terms and conditions as to remuneration and other matters as the Administrator may think fit for the administration and management of a waqf property and institution attached thereto. In the instant case it does not come..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
....ffered to the plaintiff of the articles relating to the requisition done on 26-9-45. It was customary with the plaintiff firm that selling prices of all the Mill made goods, silk goods, woolen goods, handloom made goods, piece goods and ready made goods would be noted on the goods themselves, and as...... namely. Rohiniranjan Shaha and Rai Mohan Shaha and some others; but all the criminal cases failed. On 16-7-45 the retail license of the plaintiff was cancelled and the plaintiff was directed to make over the license and stock of cloth according of the direction of the Sub-Divisional Controller, Civ......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.
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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)
....r as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......import any raw materials during the periods, January to June 1965 and July to December, 1965. 4. By several public notices which were issued by the Chief Controller of Imports and Exports, Government of Pakistan, the respondents were required to pay the Government over and above the c...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....elivered the judgment of their Lordships, made the following authoritative statement of law:- “As regards the general principles applicable to the case there was no controversy. On the one hand, it was not disputed that of the matter in question be a matter of procedure only, the petition......tried. 3. Defense case is that the appellant is a weaver in occupation and resident of Barbelar Char, P. S. Chohali in the district of Pabna, and was coming towards Tangail via Charabari to make over the yam to a Tanti (weaver) for the purpose of manufacturing: superior quality saree as the app......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)
.... Reported in: 28 DLR (AD) 190. ......ny person' could be the subject matter of labour dispute. The subject matter is not limited to workers collectively or to worker as such. It says that the dispute may concern any person. The controversy between the parties has centred round the expression 'any person'. Mr. Islam, contend......e an elaborate discussion of evidence and the pleadings of the parties and found that Nurul Absar was unit representative and he participated in presenting the grievances of his co-workers before the management. It was further held that because of his participation in trade union activities, the ord..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)
....Buildings) & others............Respondents (In both the appeals Judgment May 7, 1976. Result: Appeals are dismissed. Cases Referred to- Gour Chandra Saha Vs. Vice Chairman East Pakistan Enemy Property, 21 D.LR. 535; M.M. Mansur Ali Vs. Aro......ta, a notice dated 23-5-1966 was issued declaring the properties of the partnership firm enemy properties and directing the delivery of possession of those properties to the Tahshilder of the Government Acquired Estate, Bhairab. The appellant then through his attorney filed Writ Petition No.......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. ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
....n: 28 DLR (AD) (1976) 72.
......arged by the Dacca High Court. It was held that the appellant failed to make out a case for exemption from excise. duty of its product known as 'Dilphane' and that as a matter of fact 'Dilphane' was covered by the word 'Cellophane' mentioned in item 35 of the Act.
4. Mr. Habibur Rahman learned ...... 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.
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Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149
....uivalent to one years rent) and first estimated amount of Tk. 5624/00 and thereafter revised estimated amount of Tk. 1394/- but due to security of cement construction work has not yet been taken into hand by DIT.
Subsequently one Mr. Mohd. Sahabuddin 46, Bagdasha Lane, Dacca claiming to have a ......r case of the second building of Nawab Yusuf D.I.T. Market, Dacca since 1965. Excepting the verbal permission of the officer of respondent No. 1 he had no other right there. No order of allotment was over made in his favor. Since the year 1968 he has been applying for the settlement of this space un......gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
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Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
....rinciples he acted without jurisdiction the order passed by him is without any lawful authority. The learned Advocate referred to various decisions in support of his contentions.
3. On the other hand, Mr. Ahmed Subhan, the learned Advocate for the respondent Nos. 4 and 6 submitted that since th......dents 4 and 5 are two of the owners of the requisitions property. As the property was alleged to be requisitioned at the instance of the Divisions Commissioner who happened to be the Chairman of the Governing Body of the College the respondents filed an application u/s. 4A(2) of the Act (w......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
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Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....1949 Mad. 835; Sirajuddin Ahmed Vs. Upendra Lala", 22 DLR (Dacca) 827; Ram Kr. Vs. Ratan, 35 C.W.N. 841. Lawyers Involved: Mouinul Haque with A. Gafur – For the Petitioner. Khandaker Mahbubuddin Ahmed with Pathan Shafiqur Rahman—For the Respondents. S......e Bangladesh Union Parishad and Pourashava Election Rules, 1973, briefly, the Election Rules. 2. The petitioner was elected as Chairman of the Siddirganj Union Parishad by a wide margin of votes over his nearest rival candidate, Respdt. No. 2 and in due course went into office but Respdt. 2 cha......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 ..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....Vs. C.I. T" Delhi (1954) 26 I. T. R., 159; Commissioner of Income Tax Vs. McMillan & Co. (1958) 33 I.T.R. 182; S. N. Namasivayan Chettiar Vs. C.I.T., Madras Taxation (1960) 2-III 277; Barak Chand Radha Kishen Vs. C.I.T., (1962) VI Taxation. 239; Commissioner of Income Tax Vs. Kameshwar Sing......tion may be made to me book version of business profits, where no stock account is maintained, on the sole ground that the net profits disclosed appear to be insufficient in relation to the total turnover?” 13. The Division Bench answered the question in the negative, the learned Judges i...... 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)
....ll. 106 Privy Council; Sarat Krishna Bose and Biseshawar Mitra and others, 31 CWN 576; 4 DLR 621, Saferaddi Munshi Vs. Farman Ali Mridha & anr.; 14 DLR 256, Sarbeswar Mandal & ors. Vs. Fakur Chand Sarker & ors; 31 CWN 576, Sarat Krishna Bose Vs. Bisweshwar Mitra & ors.; Pitamber Lal ...... 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
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