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Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....pplication under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous to the and transferred. In this application as many as 9 persons including the pre-empted Abdul Rashid and one Abdul Has him were impleaded. This ap......since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ......sh;For the Petitioner. Civil Revision Nos. 262-263 of 1974. Judgment Ranadhir Sen J.- These two Rules are directed against an analogous judgment of reversal arising out of two separate proceedings initiated by two different pre-emptors under section 96(1) of the State Acquis..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....0-1-76 a letter purported to have been issued by the Deputy Commissioner, Bakarganj and signed by someone on behalf of the Deputy Commissioner was served upon the petitioner directing him not to make any contract for supplying furniture on hire to anybody without the written permission from the Depu......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......fiz with Mr. Md. Abdul Aziz—For the petitioner. No one—For opposite party. Judgment Abdur Rahman Chowdhury J.—This rule arises out of an application for quashing the proceedings in C.R. case No. 98 of 1976 pending in the court of Sub-divisional Magistrate, Sadar, So..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....ending on 31-3-51 had abated but the Income Tax Officer, by his order dated 22-9-60, assessed the appellant for the accounting year ending on 31-3-51 to an income of Rs 4,98,597/-without issuing any appropriate notice under the relevant provision of the Income Tax Act in respect of the accounti......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. ......he Supreme Court of Pakistan for consideration of two questions, namely (1) whether no fresh notice having been issued to the appellant under section 23(2) of the Income Tax Act, the entire proceedings ending in the revised assessment were vitiated and (2) whether provision to sub-section ..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....olding that the notice allegedly sent by post was duly served upon the petitioner, inasmuch as, no evidence has been produced to show that in fact the notice for the petitioner was actually posted by anybody. 3. Before we take up the above noted points for consideration it appears that it would......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ......xercise the power under Order IX, rule 13. 8. From the discussions in the judgment it appears that no argument was advanced before the learned Judges regarding the nature and character of a proceeding under Order IX, rule 13 of the Code of Civil Procedure. A proceeding under Orde..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
....gment
April 11, 1977.
Result:
The Rule is discharged.
Power to suspend employee employer-
The order of suspension by the Corporation against the employee does not suffer from any infirmity
An employer has the power to suspend temporarily an employee when the employee......
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
......from the. Provident Fund was irregular. We refrain from making any comment on the alleged irregularity or illegality in the withdrawal in question as the whole matter is yet to be thrashed out in the proceeding that is to follow the impugned order of suspension.
7. There can hardly be any doubt..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....ence to the Proclamation of Independence, submits, that by necessary implication, the effect of the Proclamation is that the Supreme Court of Pakistan ceased to be operative in Bangladesh, and so any judgment delivered after 26th March, 1971 was null and void, and there being no legal sanction ......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: ......ctober, 1971, the Supreme Court 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 per..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....ted accused were equally strong, the police due to undue influence had submitted final report in respect of the accused-petitioners. But nowhere in the said petition of complaint the complainant made any allegation of any overt act against any of the accused-petitioners excepting the vague allegatio......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. ......hafiqur Rahman—For the Opposite Parties. Criminal Revision No. 1274 of 1974. Judgment Abdur Rahman Chowdhury J.—This rule arises out of an application for quashing the proceeding in C.R. Case No. 716 of 1973 pending in the Court of Sub-Divisional Magistrate Sadar, Nor..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)
....Respondent No.1 (plaintiff No.1) in Appeal No.12 of 1967 is the owner of the Vessel "M.L. Jalamoni" Haji Mohammad Suruj Miah trading under the name and style of "Pioneer Navigation Company" and Respondent No.2 (Plaintiff No.2) New Jubilee Insurance Company Ltd. being the insurer ......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. ......egligent in the navigation at the relevant time when the accident took place. Negligence of Crew are enumerated thus: (a) they failed to keep a good and adequate lookout'; (b) they were proceeding at an excessive speed; (c) they were navigating the vessel without any regard to the..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....sub-section 1) or within two months of the date of service of notice of the application under clause (b) of sub-section (3), whichever is earlier. It is also laid down in the said subsection (4) that any cosharer tenant or tenant holding land contiguous to the land transferred who has not applied ei......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. ......he learned Subordinate Judge, Kushtia in Miscellaneous Appeal No.106 of 1968 affirming those passed by the learned Munsif, 1st Court, Kushtia, in Miscellaneous Case No.234 of 1966 and arises out of a proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act. 2. ..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
....gainst a judgment of a Bench of the Dacca High 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 Companie...... 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.
...... that such merger is dependent upon the facts and circumstances of each case.
8. The Supreme Court of India appears to have laid 'down the applicability of the doctrine in an Income-tax proceeding, where under an order of an inferior tribunal merges in that of a superior one, in the ca..
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)
....ed in order to implicate him in departmental proceedings affecting his reputation as a fair and honest officer. The petitioner also submitted that in view of past record of service which is free from any blemish, the Government was not justified in coming to the conclusion that it was in the public ......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 ...... No. 34, and that the mode of checking will clearly demonstrate that the petitioner was absolutely innocent and was caught in the trap conceived and designed in order to implicate him in departmental proceedings affecting his reputation as a fair and honest officer. The petitioner also submitted tha..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
.... the instant case, fixing age of retirement. However, clause (b) sub-paragraph (2) of paragraph 10 makes it clear that the protection as mentioned in sub-paragraph (1) shall not prevent the making of any law varying or revoking the conditions of service (including remuneration, leave, pension rights......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. ...... No. 34, and that the mode of checking will clearly demonstrate that the petitioner was absolutely innocent and was caught in the trap conceived and designed in order to implicate him in departmental proceedings affecting his reputation as a fair and honest officer. The petitioner also submitted tha..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....e with the direction necessary documents were submitted. The Chairman, thereafter submitted 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 ha......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. ......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. ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
.... By his Order dated September 5, 1963 the Deputy Commissioner refused to grant the certificate. Reasons for his refusal were that some of the partners were Indian Nationals and did not actually carry any large scale farming. Though the appellant moved the High Court against this order of rejection u......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......Procedure. The learned Judge who heard the revision case (Civil Revision No.776 of 1973) found that the suit had already abated under the provisions of the President's Order No.90 of 1972. Before proceeding further the relevant provisions of this enactment may be quoted: "2. Notwi..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....relieve him of his duties and desgination of Professor of Medicine of the said IPGMR and to reiterate that the post of Dirctor is a non-practising one should not be declared to have been made without any lawful authority and of no legal effect. 2. Dr. Nurul Islam, an eminent physician of the co......hen he was appointed as Director of the Institute in January, 1972. There is nothing on record to show that the appointment of the petitioner as Professor of Medicine was terminated at any prior stage. In such circumstances we are inclined to hold that although there was no sanctioned post......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 ..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....ainst 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 No.20 of 196061 without any knowledge and permission of the Administrator of Waqfs, Dacca and misappropriated the said ......es the case transpired to the Magistrate to be one under sections 467 and 420 of the Penal Code and accordingly the Magistrate proceeded under Chapter XVIII of the Code of Criminal Procedure. At that stage the jurisdiction of the Court of the Magistrate was challenged on the ground that the appellan......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. ..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
....hich stepped in the shoes of the Province, of Bengal and it contested the suit. The case of defendant No. 1 which is relevant for our present purpose, inter alia, in brief, was that the Government or any of its officers had no mala fide in July, 1944 one Aswini Kumar Das complained that the plaintif......ter passing of the orders of requisition. Though in the judgment the learned Subordinate Judge once observed that possession of the requisitioned goods remained with the plaintiff but at a subsequent stage he also states that it cannot but be observed that Government is liable for damage during the ......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.
..
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)
....) and others..................Appellants (In all the cases) Vs. Adamjee Jute Mills Ltd. Dacca and others.......Respondents (In Civil Appeal No. 20-D of 1968) Pakistan Light Casting Company, Dacca......Respondent (In Civil Appeal No. 21-D of 1968) Gulam Mohammad Brothers, Chittago...... the actual landed cost of imports to be effected now. 24. The price differential referred to above shall be calculated by the respective regional offices of the CCI and E at the pre-price check stage and communicated to the importer along with the price check certificate. Actual payment o......It lays down the procedure for hearing objections to the imposition made by the authority and also enable the aggrieved party to challenge the regularity of assessment by taking recourse to proceedings in a Civil Court. 76. In support, he referred to the case of Knnnathat Thathunnni M..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....4 on the allegations, inter alia, that while Md. Nazimuddin was seen proceeding towards Tangail Town market area with a head load of 34 moras of silk yam on the morning of May 19, 1974 without having any valid permit or license and intending to dispose of the same in black market, he was intercepted......, for the areas within his sessions division, be a Special Tribunal for the trial of offences triable under this Act. (3) A Special Tribunal consisting of the Sessions Judge may transfer, at any stage of the trial any case from one Special Tribunal to another Special Tribunal with* in his sessi......on a charge under section 25 read with item 6 of the Schedule and Section 2(b) of the Special Powers Act of 1974 on the allegations, inter alia, that while Md. Nazimuddin was seen proceeding towards Tangail Town market area with a head load of 34 moras of silk yam on the morning ..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....ore the appeal was set down for hearing. The two appeals are heard analogously and disposed of by one judgment. 4. The Dacca High Court on affidavit of the parties did not find any convincing evidence to believe that the appellants who left for India earlier were continuou......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. ......n Calcutta at the relevant time could be said to be enemies in terms of Defence of Pakistan Rules, and so alien enemies in terms of section 83 of the Code of Civil Procedure. 7. Before proceeding to deal with question, some of the factual aspects regarding the appellants need to be c..Category: Property Law | Date: 7 May, 1976 | Hits: 55
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