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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. ......espondent No.2 settled in full the claim of plaintiff-respondent No. 1 and the mortgagee, Industrial Development Bank of Pakistan, under the Insurance Policy on payment of Rs. 32,000/- comprising the amount-a sum of Rs. 27,000/- to the Industrial Development Bank and the wreck valued at Rs.5000/-, w......which he is exempted by any contract or by any provision of law, or as affecting the right of any person by law. 2: Or the purposes of this Act, the expression 'freight' includes passage money and hire, and reference to damage or loss caused by the fault of vessel shall be construed as ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
....oubt overruled some of the grounds and have given effect to some other grounds but the effect of the appellate order was that the order of assessment made by the Income-tax Officer was set aside as a whole and the Income-tax Officer was directed to make a fresh assessment after making certain correc......ing by allotting Rs.3, 72,820/-to Pakistan and the balance to India. Similarly the unabsorbed depreciation was divided into Rs. 9,36,531/- and Rs. 7, 24,842/- as pre-partition and post-partition amounts respectively, and out of the post-partition amount a sum of Rs. 3,82,787/- was allocated to ...... 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.
..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ......ction (2) of section 9 of the Bangladesh Public Servants' (Retirement) Act, 1974, has been challenged. The petitioner contends that the order of retirement is punitive in nature, and it amounts to an order of removal within the meaning of article 135 of the constitution of th......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ......ction (2) of section 9 of the Bangladesh Public Servant's (Retirement) Act, 1974, has been challenged. The petitioner contends that the order of retirement is punitive in nature, and it amounts to an order of removal within the meaning of article 135 of the Constitution of th......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ...... a beneficiary of the said Waqf Estate filed a petition of complaint in the Court of sub-Divisional Officer (South), Dacca against the appellant to the effect that he withdraw compensation money amounting to Tk. 37,147/50 awarded for acquisition of certain plots of land in Land Acquisition Case...... to be a beneficiary of the said Waqf Estate filed a petition of complaint in the Court of sub-Divisional Officer (South), Dacca against the appellant to the effect that he withdraw compensation money amounting to Tk. 37,147/50 awarded for acquisition of certain plots of land in Land Acquisitio..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
....ndants numbering 5 were officers serving in the then Province of Bengal in different capacities.
2. The case of the plaintiffs in brief was that it was a registered firm and had been carrying on whole-sale and retail business of cotton goods, woolen goods, silk goods, and hosiery goods etc. in ......essly and whimsically fixed, on 6.9.45 and again revised on 15-9-45. The stock of Lungies was sold by the officers of the defendant No. I and by a letter dated 19-11-45 plaintiff was informed that an amount of Rs. 89,245/5/9 only being the amount of compensation for stock, of Lungies was lying in th......ecree No. 161 of 1962.
Judgment
Faizul Islam Chowdhury J.—This appeal is directed against the judgment and decree passed by Mr. A. Hussain, Subordinate Judge, 1st Court, Chittagong in money Suit No. 15 of 1947 of the said Court.
The plaintiff is a firm under the style M/S. Shaw ..
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)
....those goods, and though distinct by itself it does certainly form an integral part of the "duties of customs" realisable on imported goods at the time of importation of such goods. The whole objection (sic) to its inclusion under the expression "duties of customs" seems to p......h 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 cost of the imported raw materials an amount equal to the difference between the cost of the raw materials then being imported and th......bruary 2, 1968 made the Rule absolute and declared the impugned notifications relating to differential to be without lawful authority and of no legal effect. Also, directions were given to refund the money already realised by the Government from the respondents. It was held (1) that the Act of 1950 ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....ferent provisions of the amending. Act found that the amending Act was in essence retrospective. The learned Chief Justice concluded Stating: “The provisions of the Amending Act, read as a whole will lead one to think that they are, in essence, retrospective but in a limited sense. They a......he case was taken before the Privy Council of England in the following circumstances. The Collector of Customs acting under an Act called Excise Tariff Act, 1902 required the appellant to pay certain amount towards excise duty on certain quantity of sugar, which was disputed by the company and after......g under an Act called Excise Tariff Act, 1902 required the appellant to pay certain amount towards excise duty on certain quantity of sugar, which was disputed by the company and after depositing the money under protest brought an action In the Supreme Court of Queensland against the Collector for r..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
..... The High Court has clearly found and for which there is ample evidence on record that, the Appellant not only submitted to the jurisdiction of the sole Arbitrator. but participated, though not whole-heartedly, in the arbitration proceeding. He appeared before the Arbitrator from time to time,......er observed that a mere mental assent to the terms stated in a proposed contract would not be binding, but acting upon those terms, by sending coal in the quantities and at the price mentioned in if, amounted, to the adoption of the writing previously altered and sent, and to constitute it a valid c......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
......quisition of the land in question in 1970 as mentioned above final payment of compensation money has been made to almost all the awardees. Out of total compensation money of Tk. 1, 72,552.31 paisa an amount of Taka 1, 12,573.60 paisa has already been paid. On 20. 4. 74 a copy of the letter addressed......egistered on 28. 9. 71. The authority also executed similar deeds of lease with other allottees. After the acquisition of the land in question in 1970 as mentioned above final payment of compensation money has been made to almost all the awardees. Out of total compensation money of Tk. 1, 72,552.31 ..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....o put up the entire matter which raised controversy between the petitioner and the respondent No. 3 for arbitration by the President and the Secretary of the local Union Awami League, it rendered the whole matter fluid and unsettled. In other words, it gave a go-bye to its own order of allotment in ......kana Begum, 13. Shamsabad Lane, Dacca on 27. 3. 73 for its conversion into a shop room. The said allottee has deposited security money of Tk. 639/00 (equivalent 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 c......ng ground floor, Nawab Yusuf Market; Dacca has been allotted to Mrs. Rekana Begum, 13. Shamsabad Lane, Dacca on 27. 3. 73 for its conversion into a shop room. The said allottee has deposited security money of Tk. 639/00 (equivalent to one years rent) and first estimated amount of Tk. 5624/00 and the..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
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. ......ntract on the part of defendants. They therefore filed the suit claiming damages, the difference between the contract price and the market price on the due date at the rate of Rs. 15/- per 100 bags amounting to Rs. 6000/-. In proof of market price of the goods on due date, namely, 31.8.55, the pl......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
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....vision Bench of the Panjab High Court expressed similar opinion. In the case the order of the Income Tax Officer was 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 t...... 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 ......generally referred to as the "cash basis" and the "mercantile", basis. According to the former a record is kept of actual receipt and actual payments, entries being made only when money is actually collected or disbursed, and if the profit of the business are accounted for in thi..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 ...... 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
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. ......er share-holders illegally. He has also alleged other irregularities on the part of the petitioners, namely, the payment of 3% dividends as declared by the company's profit from 1970 and the full amount has not been paid yet in spite of repeated demands by the objector, that the company under ma...... 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. ..Category: Corporate Law | Date: 20 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
......
Ismailuddin Sarker, Asstt. Attorney-General - For Respondent No. 2
F.A. No. 95 of 1965.
Judgment
D.C. Bhattacharya J. - This appeal by the defendant is directed against a money decree amounting to Taka 63,000/- passed in favor of the plaintiff who was the Principal of Dacca College, ...... No. 1.
Ismailuddin Sarker, Asstt. Attorney-General - For Respondent No. 2
F.A. No. 95 of 1965.
Judgment
D.C. Bhattacharya J. - This appeal by the defendant is directed against a money decree amounting to Taka 63,000/- passed in favor of the plaintiff who was the Principal of Da..
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)
...., as required under Clause (3) of the Article 4. Moreover, none of the two members who sat on the Arbitration Court did fulfill the requisite qualifications, as mentioned Clause (1) of Article 4. The whole controversy which arose out of this contention relating to the proper constitution of the Arbi......ty, malpractice, or matter newly come to the knowledge of the applicant.” 10. The same case was relied upon by the learned Advocate for the petitioner in support of the proposition that no amount of acquiescence or waiver by the party to the proceeding in the Court below invests it with j......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
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
.... 4. The suit was decreed in part on contest against defendant No. 1 and export against the rest on 13.9.47. Of the said decree, the title of the plaintiffs and the co-plaintiffs to the lands of the whole of the dispute char excepting a certain portion was declared and they were also granted a decr......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 ......own by law and the said reliefs may be granted in favor of such a plaintiff. It is only in exceptional circumstances that there can be a decree in favor of a defendant. As for instances in a suit for money, a defendant may be allowed to put in a claim according to law on payment of Court fees, by a ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....e Law 6th Ed. page 59 says: 'declarating Acts are usually held to be retrospective; the effect is then a nullity. 12. The Article is dealing with decisions made within stated period, and the whole period is past. It, in clear language, is nullifying those past decisions. The operation of th......r takes any step and found absent on repeated calls. Misc. case dismissed for default. 40. Mr. B.B. Roy Choudhury appearing for the O.P. Judgment debtor submitted that this dismissal for default amounts to an ex parte order because on the date the petitioner was absent and therefore Article 3 o...... No. 1,2 of 1972 is involved, and which is a question of general importance. 2. Facts concerning the Revisional Case briefly stated are that National Bank of Pakistan, as it then was, obtained a money decree against the judgment-debtor, Sunil Kumar Basu on 12-9-62. The decree was put into execu..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......ct. B) A permanent injunction restraining the defendant No.1-7 from interfering with the plaintiff's possession and management of the S/properties in any manner and also from withdrawing any amount from the A/C of the plaintiff's Tea Estate lying with defendant. No. 8 and 9 as also rest...... the plaintiff amongst others as for declaration that the certificate case No.23 I.T. of 1951-52 was illegal, ultra vires, without jurisdiction and void, and the plaintiff Trust is not liable for any money claimed under the said certificate or any certificate for the realization of the said amount. ..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
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