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Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
.... January 20, 1976. Result: Cases Referred to- Jugal Kishore Vs. Goolbai, AIR 1955 (SC) 812; Union of India Vs. Rallia Ram, AIR 1963 (SC) 1685; Carlill Vs. Carbolic Smoke Ball Company, 1893 1 Q. B. 256; Brogden Vs. Metropolitan Railway Company, 1877 (2) Appeal Cases 666; Muh......boundary dispute arose between the parties and Mr. Ahad, the Respondent approached the Deputy Commissioner, Chittagong for demarcation of that boundary and Miscellaneous Case No.1 of 1967-68 was staged and a surveyor appointed by the Additional Deputy Commissioner who surveyed the two plot and ......f 1977. (From the Judgment and Order dated 6-5-1976 passed by the High Court Division in F.M.A. No.46 of 1969) Judgment Kemaluddin Hossain J. - The second party in an arbitration proceeding is the appellant. Facts giving rise to this appeal briefly put are, that R.S. Plot N..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)
....n 36(2) (b) has provided for the continuance of only the "pending cases" under the repealed Statute, i.e. P. O. 50 of 1972; the legislature apparently did not intend to keep alive any proceedings other than the "Pending cases" as mentioned in section 36(2) (b) ......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561 ......Opposite Party Criminal Revision Case No. 218 of 1975. Judgment Amirul Islam Chowdhury J.— This rule was issued calling upon the Deputy Commissioner, Dacca, to show cause why the proceedings in G. R. Case No. 448/73 pending in the Court of the Sub-Divisional Magistrate, Munshiga..Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2
....ned Advocate for the petitioner referred to the provision of section 8B of the Act. His objections to the order of withdrawal are several. First, the government had no authority to withdraw any property from acquisition after the payment of compensation money. Secondly, there has been no g......
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
...... The chief limitation is intended to be the fact whether compensation has been paid or not. If compensation has not been paid the order of withdrawal may be made but since finality must attach to the proceeding for requisition and acquisition, no such withdrawal can be ordered after compensation has..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....rpose for which the property is requisitioned was for public purpose is not justified, and (iii) since in referring to such principles 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 contentio......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
......not contemplate the existence of any third party who may be aggrieved by an order of requisition or its conciliation of setting aside. In considering the question who are the parties in a requisition proceeding, K. Hussain J. after referring to the various sections of the Act, including sections&nbs..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....contentions: (i) Appointment itself of the Pleader Commissioner is illegal, without jurisdiction and arbitrary since appointment of a Pleader Commissioner is not permitted by the Election law or any other relevant law; (ii) The report of the Pleader Commissioner is in excess of the points ...... petition, we do not think that there has been any such delay since the election case is still pending before the Tribunal. When an order suffers from want of jurisdiction it can be challenged at any stage. 9. The result therefore is that the Tribunal got no jurisdiction to appoint a Pleader Co......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)
....e Income-tax Officer in rejecting the method of accounts employed by the assessee and increasing the gross profit by taking recourse of proviso of section 13 of the Income Tax Act, followed any approved principle. According to the learned Advocate the accounts submitted by the assessee wer...... 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 ......ontained in section 23(4) of the Income-tax Act, that is, applying the "best judgment" principle. It is true that formulation of an assessment is not in a strict sense, a judicial proceeding, but the method of inquiry and the ultimate decision have resemblance to trial and verdic..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....that Misc. Case and submitted their written objection and the date of hearing was fixed on written objection and the date of hearing was fixed on 10. 6. 67 but on that date the defendant did not take any step, but it appears that the plaintiff filed an application for one month's time enabling h...... 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 ......herefore, respectfully differ from their decision." 9. Similarly in PLD 1959 (West Pakistan) Quetta 1, Muhammad Hashim Khan Vs. Major Fazal Elahi Khan, the order of dismissal for default of proceeding for setting aside of an ex parte decree was restored under section 151 C. P. C...Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....nce from duty- (a) if he is honourably acquitted, the full pay to which he would have been entitled if he had not been dismissed, removed or suspended and, by an order to be separately recorded, any allowance of which he was in receipt prior to his dismissal, removal or suspension, or (b) ......ges for such period under section 15(2) of the Act. 7. The case reported in 15 D.L.R. 261 is distinguishable from the present case, as in that case no plea was taken by Railway, in any stage before the revision petition was filed in the High Court that the railway employee's absen......e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....ercising power under section76 sub-section(3), court will, also, have powers, conferred on it by section 79 sub-section(3): If due to inadvertence the annual general meeting of the company could not be held within the period prescribed by the statute then the court has the power under...... 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. ......eneral Meeting of the Company for the year. 7. Article 37. A General Meeting of the company shall be held once at least in every year (not being more than 15 months after the holding of the last proceeding general meeting) and at such place as may be determined by the Directors. Article 41. For..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
....
(6) Messrs. Weather Proof Packing Material Industrial, 194/A/B, Tejgaon. Industrial Area, Dacca.
(7) Messrs. Pak Knitting-Mills, Narayanganj, Dacca.
(8) Messrs. Standard Finis Oil Company, Wari, Dacca.
(9) Messrs. Haji Roller Flour Mills, Chittagong.
(10) Messrs. Savoy Conf...... could, he submitted, only transfer the abandoned property but had no authority to place it under an organization, like the Sena Kalyan Sangstha, as has been done in the present case.
6. At this stage, a preliminary objection was taken by Mr. Abdul Malek, the learned Advocate for the Sena Kalya......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....ion Case No.1 of 1972 of the Anderkilla Arbitration Court, Chittagong. The Chairman of the Arbitration Court, Mr. Abul Kalam, proceeded to give an award and actually gave, it on 3.9.72 without taking any steps for properly constituting the Court in accordance with the provisions of Article (4) of th......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 ......isdiction of the Court concerned, any objection relating to it can be raised before this Court. In his opinion, want of jurisdiction cannot be cured by any waiver and acquiescence by any party to the proceedings. 9. Mr. S.R. Pal, the learned Advocate for the respondent No. 2 submitted that if w..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....and 629 of 1973 Judgment D. C. Bhattacharya J. —These two rules raise a certain question of some constitutional importance. 2. Opposite Party No.1 which appears to be Limited Company having its registered office in London filed two applications in the First Court of Subordinate ......mine the provision of the said Act and see whether the said Act, if continued, affects the position of the State of Bangladesh, as a new international person. 17. It should be made clear at this stage that the Bangladesh (Adaption of Existing Bangladesh Laws) Order, 1972 (President's Order ...... provisions have been made, may, by like notification, declare to be territories to which the said Convention applies, and for the purposes of this Act an Award shall not be deemed to be final if any proceedings for the purpose of contesting the validity of the award are pending in the country in wh..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
.... on the case map prepared by Mr. Sultan Mollah. Mr. Amjad Hossain Superimposed the map, Ext. G(II) as directed and the map, report, field book etc. submitted by Mr. Amjad Hossain was accepted without any objection. 7. At the time of hearing, neither party adduced any oral evidence. The learned ......red by the plaintiffs as accretion to their lands. The defendant having preferred no appeal against the judgment of the Dacca High Court they cannot question the validity of the said judgment at this stage and this Court which is of co-ordinate jurisdiction is not, in our opinion, competent to sit i......emand passed by the erstwhile High Court of East Pakistan so far as it related to demarcation and passing of a decree in favor of the defendant No. 1 was illegal, void and consequently all subsequent proceedings were of no legal effect." 9. Learned Attorney General has argued that in a sui..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....n has been Nationalised and its assets and liabilities vested in the Sonali Bank. Mr. Huq appearing for the auction-purchaser-petitioner has submitted that since in the court below there has not been any substitution and also, that he entertains doubt on Sonali Bank being a successor to the National......d void. Hence, guidance has to be taken from the Civil Procedure Code. Whether Order 9 will be applicable or not in the matter of execution proceedings will be dealt with at the appropriate stage but for the moment since the expression 'legal proceedings' includes suits it will be ......der 21 rule 90 of Civil Procedure Code on 29.8.70 for setting aside sale. It was registered as Misc. Case No. 354 of 1970. It may be noted that the judgment-debtor has started several other proceedings relating to auction sale but, we are, in this revisional case, concerned with this case...Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....xes at the P.T.I. Maizdi Polling station. 2. The petitioner was a candidate for the office of Chairman of Noakhali Pourashava and the election was held on the 21st December, 1973. There were as many as three polling stations, one of which was P.T.I. Maizdi polling station for Ward No.1. It has ...... Presiding Officer scrutinised and counted the valid ballot papers in presence of the candidates and their agents and prepared the Form 'M' which was sent to the Returning Officer,-that at no stage of the counting the Presiding Officer informed the Returning Officer as to the presence of the......and that the Constitutional jurisdiction cannot be invoked if there is an alternative remedy which is adequate and specific. 8. As to the disputed question of fact, it is now well settled that a proceeding in the writ jurisdiction is more in the nature of a summary proceeding in which examinati..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....without jurisdiction and of no legal effect. 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......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. ......ey made the following prayer. “A) A declaration that the plaintiff being the owner of the suit properties and that the S/properties not being enemy property as contemplated by law, and all proceedings purported to declare the S/properties as enemy property are mala fide, unlawful, null an..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....y of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa from the defendant Government. There was also a prayer for a permanent injunction restraining the defendants from taking any step in pursuance of the said requisition notice dated 19. 4. 57. 2. It has been stated in ......S.C. 409 that such an Order of requisition is invalid and unenforceable for want of definite and adequate description. Whether the plaintiff is entitled to question the validity of the notice at this stage on this ground is another matter, which we shall deal with at the appropriate place. But we ar......our attention to Section 10 of the East Bengal Government Lands and Buildings (Recovery of Possession) Act 1953 (Act 10 of 1953) Which is to the following effect:- (1) No suit or legal proceeding shall lie against the Provincial Government in respect of anything which is in good faith..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
....o that date the appellants had no knowledge of the disposal of the Rule. The learned counsel accordingly submitted that the delay in filling the petition for special leave to appeal was not due to any latches on the part of the appellants for which they may not be made to suffer. 6. Having......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ...... Court on 16.8.73 on that date the learned Sessions Judge cancelled their bail and remanded them to custody whereupon a Rule, being Criminal Revision No. 289 of 1973, was obtained for quashing the proceeding and pending disposal of the Rule, the appellants were granted bail. Later, the High Cour..Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....tant, Sessions Judge were also equally without jurisdiction and finally The learned Sessions Judge's taking cognizance of the offence having been committed by the acquitted accused without giving any notice Jo them appears also to be illegal. Apart from all these, from 1962 when the F.I.R. was l......t suffer. For this reason we refrain from ordering fresh trial in this case. Their Lordships in that case refused to allow fresh trial because the prosecution failed to obtain sanction at the initial stage of the prosecution. In the case of Aminul Haque Vs. The Crown (1951) 3 DLR (FC) 518(526) their......is not necessary to go into details of that. One accused Abdul Jalil who was charge- sheeted in these eight cases was withdrawn from prosecution, from all the eight cases on 2-8-67 and The commitment proceeding went on before the Magistrate with the remaining accused persons and the accused persons ..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....:— Mr. Aminul Islam was Head Clerk-Cum-Accountant under M/s. James Finlay & Co Ltd, at Khulna. His services were terminated with effect from 31st March, 1967 by the aforesaid Company. The material portion of the letter dated 28th March,1967 written to Aminul Islam terminating hi......irman is obliged to show the draft of the award to the members for perusal and advice but the compliance of this rule can be made possible sonly when the members continue to be members upto the award stage, if not, then there arises no question of compliance with sub rule (7) of rule 32, that is, th......incapable to sit as a member, or has ceased to be a member of a panel, the Court, notwithstanding anything contained elsewhere in this Act, may function in the absence of such member and no act, proceeding, decision or award of a Court shall be invalid merely by reason of absence of any such me..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
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