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Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....lding land contiguous to the land transferred. In para 5 of the application for pre-emption, it has been stated that Tahurul Karim Khan Chowdhury has filed a pre-emption case being Misc. case No.4/69 claiming to be a tenant holding land contiguous to the land transferred. Since the pre-emptor had a ......nbsp;of the State Acquisition and Tenancy Act hereinafter referred to as the Act. 2. Tahrul Karim alias Tuhurul Karim Khan Chowdhury filed an application 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 ......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. ..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
....
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
......es not apply its mind to the allegation against the employee and does not indicate what action is proposed to be taken by the employer and keeps on the employee hanging in suspend the matter may call for scrutiny.
In the instant case the Corporation has found rightly or wrongly the allegations ......ll the nationalised companies. When the petitioner handed over the charge he also settled his account with the Company. He took Tk. 50,000/-as his gratuity for 20 months upto 8 2.73 and also received money he was entitled to under the Companies Provident Fund Scheme including Tk. 15,339.79 being 100..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
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. ......er. A.R.M. Shafiqur 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 Magi...... within a room. Thereafter he was forcibly taken to the C.D.A. Building and on his refusal to sign a written statement implicating the Secretary of the Hawkers Union in an alleged misappropriation of money he was also assaulted by the accused. The police investigated the case and submitted charge-sh..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)
....Steamer Ghat and absconded. On account of the accident and damage caused, "M.L. Jalamoni" became a total loss, the salvage value of the wreckage recovered being only Rs. 5000/-, and further claim of plaintiff-respondent No. 1 and the Industrial Development Bank of Pakistan; and a letter of...... Company" and Respondent No.2 (Plaintiff No.2) New Jubilee Insurance Company Ltd. being the insurer of the said Vessel, by virtue of the letter of abandonment by the insured, instituted the suit for a decree for Rs. 73,311/- against the defendant, along with other reliefs. In the suit it was st......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
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
.... he was also the owner of the land contiguous to the land transferred and has homestead there. As such be is entitled to pre emption in preference to the applicants. The applicants contested the claim of the transferee and contended that the transferee was not the owner of land contiguous to th......No.234 of 1966 was that they were owner of the land contiguous to the land under pre-emption. The same was sold by the opposite party No. 5 of that proceeding to opposite party No.1, the petitioner before this Court on 5-6-1965 for Rs. 2,000/-. The opposite party No.1, according to the appellant, wa......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
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
.... these documents the learned Advocate-General appearing for the respondent No. 2 felt it difficult to support the statement made in the affidavit in opposition to the effect that the petitioner's claim of mutation is baseless. The learned, Advocate-General frankly conceded that after examining t......rder 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 same along with buildings thereon with effect from 18th September, 1973. The pet......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)
....ansport Order, 1972 on 26.3.1972, the Chairman, Bangladesh Inland Water Transport Corporation had some correspondence with the respondents asking them to produce all the documents in support of their claim. In compliance with the direction necessary documents were submitted. The Chairman, ......again reconstituted by the remaining 3 partners K.P. Mahmud, Mohammad Kamal, H. Amir Ali along with 3 new partners namely, M.S. Islam Chowdhury, Mujibur Rahman and Syed Mohammad in place of the aforesaid retried partners. On the 6th of January, 1972 a Notification purported to have been is......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
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
.... the 3rd Court of Additional Sessions Judge, Dacca. 2. The appellant was appointed Mutawalli of the Shahajadi Begum Waqf Estate by the Administrator of Waqfs. One Mohammad Akshad alias Bhola Mia claiming himself to be a beneficiary of the said Waqf Estate filed a petition of complaint in the Co......ate 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 No.20 of 196061 without any knowle...... 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
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....ongly terminated by a letter dated 7.7.59 against the Standing Rules and Orders of the defendant company. Plaintiff appealed against the said order without any success. Hence this suit for the relief claimed. 3. The case of the defendant company was to the effect that the plaintiff absented him......ller, Defendant.......Respondent Judgment August 28, 1976. Result: This appeal is allowed. Lawyers Involved: Md. Nurul Huda—For the Appellant A.K.M. Siddique for Hafizullah—For the Respondent. Appeal from Appellate decree No. 204 of 1963. Jud......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
....plaintiff has stated the market price of the goods. In addition to market price the plaintiff is entitled to get interest and other incidental cost such as railway height etc. for which the plaintiff claimed at 10 percent on the value. The plaintiff claims profits at 158% which comes to Rs. 24,664/8......964 (W P) Karachi 290; Alep Shah Fakir Vs. Muhammad Amud Ali Munshi 7 D.L.R. 603; Kumar Pramath Nath Roy Vs. Nawabzada Syed Ali Mirza and others 2 D.L.R. 319; Province of Bengal Vs. Board of Trustees for Improvement of Calcutta AIR 1946 Cal. 416.
Lawyers Involved:
S. C. Das with Zahir Ahem......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)
....;posed by clear words. Vide Royal Trust Co. Vs. Minister of Finance, A.I.R. 1921 P.C. 184. As the Act itself did not confer the power to tax, no authority or officer of the executive can impose a tax claiming the jurisdiction to do so by invoking it. The Import Policy Order, namely, SRO-49(R)/6......iya Vs. Amit (1965) 3. AER 701; Prov. of E. Pakistan Vs. Serajul Huq Patwari, (1967) 19 DLR 281; Sheikh Pir Muhammad Vs. Khulna Municipal Committee (1967)19 DLR (Dae.)55; Shanmugha Oil Mill Vs. Coimbafore Market Committee, AIR 1960 Mad. 162; Kunnathat Thathunni Moopil Vs. State of Kerala AIR 19......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)
....fter, investigation submitted charge-sheet, on the basis of which cognizance was taken by the Special Tribunal. At the trial the appellant pleaded not guilty to the accusations and the charges and he claimed to be tried. 3. Defense case is that the appellant is a weaver in occupation and reside......, convicting the appellant under section 25(1) read with item 6 of the Schedule and section 2(b) of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Taka 1000/-, in default, to suffer rigorous imprisonment for six m......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
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....ute centres round the victimization of the worker for his trade union activities. It is to be remembered that section 25 of the Standing Orders Act has clearly provided that an. individual worker can claim relief before the Labour Court under the said Act, unless the grievance has been raised as a l...... was that Nurul Absar was an active member of the Union and was its Unit Representative of the Chittagong Circle, and that he took active part in the union matters, and so the employer victimised him for his trade union activities. 3. The appellant's contest centred round the maintainabilit......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. ..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)
....nments for enabling the appellant to appear in person and to produce his passport. Then on July 7, 1969, he appeared in person and produced his passport. This is a Pakistan passport, and it was claimed to be duly renewed from time to time. 3. Monoranjan Saha is the appellant of Civ......nership firm known as "Messrs Budhai Gour Kishore Saha". This partnership firm carried on business of commission agency and owned properties at Bhairab Bazar in the district of Mymensingh. Before the Proclamation of Emergency in September 1965, the appellant had gone to Calcutta on a Pakis......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
..... 5(7) of the Act, under Notification No.737-Reqn., dated 30. 6. 70 provided the Waqf Estate is agreed to accept the following terms and conditions:-
(1) That the Waqf Estate shall not claim restoration and physical possession of the land after withdrawal.
(2) That the waqf Estat......ginal Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Abdul Mannan................................Petitioner
Vs.
Ministry of Land Administration and Land Reforms,
Govt. of Bangladesh…………...............Respondents
Judgm......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
....ter 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 floating pan-biri shop in the said space submitted a representation dated 27. 2. ...... 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 under the stair case. He received no reply from the respondent No.1......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)
....ts had cancelled the contract by a letter dated 20. 7. 55. The plaintiffs, denied the receipt of this letter, and imputed breach of contract 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 a...... decree passed by a Bench of the High Court of East Pakistan in a First Appeal affirming the judgment and decree of the Subordinate Judge, Chittagong against the defendant-appellants in the suit for damages for breach of contract. 2. The plaintiffs A. R. A. G. Limited are respondents: The ......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
.... going on between the petitioner and the owners of this property. In this connection the learned Advocate referred to Annexure 'X' to the Affidavit-in-opposition which substantiates the above claim.
5. As regards the maintainability of this petition it was submitted by Mr. M.M. Haque, t...... authority. The property in dispute which stands on two bighas of land with building thereon was requisitioned under section 3 of the East Bengal Emergency Requisition of Property Act. 1948 for the petitioner which is a College of Music, respondents 4 and 5 are two of the owners of the req......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
..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
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 ......(1) of the Incomr Tax Act as amended by the Finance Order, 1972. And In the of: Application No. 39 of 1973 ) Judgment Ruhul Islam J. — By this application the assessee-applicant prays for deciding a question of law arising out of the order dated the 21st July, 1973 passed by the Inco......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 ......iruzzaman under Order 9 rule 4 and section 151 of the Code of Civil Procedure restoring his Misc. Case No. 2 of 1967 filed by him under Order 9 rule 13, Civil Procedure Code, for setting aside the ex parte decree which was obtained by the plaintiff petitioner before me. ...... 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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