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Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
.... amounts to punishment? 7. Act XII of 1974 is a statute passed by the Parliament by way of re-enactment of the Public' Servants (Retirement Ordinance 1973 (Ordinance XXVI of 1973). It is not disputed that the Act was passed with the object of consolidating and amending the law relating to t......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)
....ioner amounts to punishment. 7. Act XII of 1974 is a statute passed by the Parliament by way of reenactment of the Public Servants (Retirement) Ordinance 1973 (Ordinance XXVI of 1973). It is not disputed that the Act was passed with the object of consolidating and amending the law relay for pro......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
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
....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. ...... application the petitioner has made the grievance that about the legality of the Order 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 sa..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....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. ......aning of Article 2 of President's Order No.16 of 1972. As regards the question with regard to the assets and business of the firm in question the High Court Division has found that with a view to holding a certain property of absentee owners to be an abandoned property it is to be seen if the Go..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....jection under Article 98 of the Constitution of Pakistan, 1962 they were unable to get any relief as the question involved which related to the existence or non-existence of large scale farming was a disputed question of fact. Section 20(4) of the Act may here be quoted: "20. (4) Notwithst......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. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....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 ......id hold and perform the duty without filling up any particular post of Prof, of Medicine and the petitioner did not and does not receive any extra remuneration or any separate emolument for holding the designation and performing the duties of Prof, of Medicine. Though there was no particul..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
....e number 161 of 1962.
6. The stock of Lungies found in the shop of the plaintiff was admittedly requisitioned on 4-9-45 and the officers of the defendant No. 1 sold away those Lungies. It is not disputed that sale price of those Lungies altogether came to a sum of Rs. 89,242/3/9. The learned Su......ut foundation As already observed the letter Ext. 4(1) was written on 13. 7. 46 nearly a year after requisition of the goods on 26.9. 4.5. The learned Subordinate Judge rightly expressed surprise for holding the goods so long by the Civil Supply Department in face of great demand of the goods in the..
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)
.... 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. ......ers under section 42 of the Government of India Act, 1935 issued Emergency Powers Ordinance No.IX of 1955 validating those Acts by giving his assent to them with retrospective operation. In holding that the Ordinance in so far as it validated those Acts Which had become invalid due to ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....ing 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 depositing the money under protest brought an action In the Suprem......ose under the following circumstances. One Annapurna Debi had occupancy right in certain lands which were held by her as a tenant under the petitioner and his co-sharers. On May 20, 1938 she sold the holding by two separate registered kabalas to two different venders. Notice of those sales were serv..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....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. ......rst Miscellaneous Appeal No. 131 of 1968 dismissing the appeal filed by the appellant sustaining the order of the Second Labour Court, Chittagong. 2. The facts are, that the Appellant, a company holding tea estate in the Chittagong district, employed Nurul Absar Chowdhury a clerk, Grade III fro..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)
....was made on September 6, 1965 on the out-break of war with India and this declaration of emergency continued in force till February, 1969 when it was withdrawn by an Ordinance. It has not been disputed before us that in May, 1966 when appellants properties were declared an enemy property,......tan Government. This does not at all refer to residence on the authority of Pakistan Government. There is no language in the explanation which could be construed to extend the immunity to a person holding a passport or getting renewals of his passport. Secondly, the contention does not stand the..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....set out in detail. The Courts below have concurrently found that the appellant agreed by an arbitration agreement to refer, their differences of the demarcation of boundaries between them. It was not disputed that the arbitration agreement culminated in a Ekrarnama dated 28-9-67 which recited Mr. Z.......ppointed, Quarter Master General had no power to make without the permission of the Court, another appointment; but the appellant did not raise this objection at the time the third arbitrator started holding the enquiry. In the circumstances the appellant must be deemed to have agreed to the appoint..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
....nsideration in this appeal is whether 'Dilphane' is covered by the word 'Cellophane' as mentioned in item' 35 of the First Schedule of the Act. If Dilphane is in fact 'Cellophane' then it cannot be disputed that it is liable to duty. With a view to ascertain whether 'Dilphane' is nothing but 'Cell....... Habibur Rahman learned Counsel for the appellant contended that the High Court erred in disregarding the fact that 'Cellophane' is a trade mark registered in different countries of the world and in holding, in disregard of the admitted fact, that 'Cellophane' was a generic term and that 'Dilphane'..
Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149
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. ......lso filed cross-objection on the ground that the trial Court should have decreed the suit on the basis of the market difference at Karachi. The learned Judges of the High Court dismissed the appeal holding that although the plaintiffs could not prove that they had suffered loss on account of non..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....plying the said principle, as to whether the estimate is arbitrary or judicious. The Tribunal approved the action of the Income-tax Officer with the following observation:- “It is also not disputed that in case of acting under said proviso estimate should not be subjective and arbitrary b......t out in paragraph 10 of the application. The question of law has been formulated in manner as follows:- “Whether in the facts and circumstances of the case the Tribunal was justified in upholding the rejection of accounts and taking recourse to the proviso of section 13 of the ..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ......is of no legal effect. As a result, we declare that the petitioner is qualified for election as Chairman of the Union Parishad and also declare that the election in center No. III only is void. After holding fresh election in centre No. III the result obtained may be amalgamated with the result of t..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
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. ...... Section 76 is a special provision regarding the statutory meeting and annual general meeting, whereas section 79 is the general provision. Where there had been a default in the holding of an annual general meeting primarily the power under section 76 subsection (3) o..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
....n the polling centre nor did the respondent No. 5 admit that there was such disturbance which led to the stopping of poll at the centre. He also submitted that since facts relating to disturbance are disputed the matter can be decided only by the Appropriate Tribunal after taking into consideration ......cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662 ..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
....med, P.W. 8, saw profuse blood and C. I. sheet on the corridor. Mr. Paul has commented on certain parts of the depositions of these witnesses, which refer to the manner of the actual happening of the disputed incident and has rightly contended that they are either hearsay or mere inferences and as s......No. 2 who died during the pendency of the suit.
9. Mr. S. R. Paul, the learned Advocate appearing on behalf of the appellant has firstly contended that the learned Subordinate Judge was wrong in holding that the suit was not had for defect of parties and also that it was not barred by limitatio..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
.... their name, they have at least the right to maintain these petitions under Article 102 of the Constitution. He submitted that the petitioners have legal right in the subject- matter of the disputed so as to be able to maintain such petition. If they have succeeded to establish some right,......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
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Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
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