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Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ......trate will not entertain such proceedings and stated further that if they do so, the revisional court would interfere." In the case of Abul Hossain, their lordships mainly considered the provisions of sections 252 & 253 of the Code. These two sections occur in Chapter XXI of the C..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
.... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ......owed in the case of Messrs. M.M. Ispahani Ltd. Vs. Deputy Custodian of Enemy Property and others (1968) 20 DLR 493 wherein it has been held : The Custodian of Enemy Property, in the light of the provisions of the Defence of Pakistan Rules and the Order, cannot have a better right than the true ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ...... the proceeding drawn up by the Second Screening Board against the petitioners was wholly illegal and without jurisdiction. In support of this contention the learned Advocate referred to the relevant provisions of the President's Order No.67 of 1977 as amended by President's Order No. 93 of ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......Code there can not be any doubt that the Election Tribunal is a Civil Court. 10. Learned Advocates appearing for the petitioners contends that there being a difference in the language of the two provisions, namely, rule 57 of the Union Parishad and Paurashava (Election) Rules, 1973 and Section&..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
.... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ......o him, he chose to file an application under Order 9, rule 4 read with section 151 of the Code. 7. The learned Government Pleader in this particular case has not only been utterly defiant to the provisions of law, but to us it appears, had been acting not under the instructions of his client. I..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
....not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ......the question as to whether an application under Order 9, rule 13 is maintainable in a case where an ex parte award has been given by the Commissioner of Workmen's Compensation under the provisions of Workmen's Compensation Act. The provisions of Order 9, rule 13 are avail..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......the suit is impliedly barred under section 9 of the Code of Civil Procedure. Section 9 of the Code' of Civil Procedure reeds thus: “The Courts shall (subject to the provisions herein contained) have 'jurisdiction to try all suits of a civil nature excepting sui..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......with the sections of law were mentioned in the order of detention and elaborate discussion was not necessary. Further, it was mentioned that the order of detention was passed "in accordance with provisions of ride 5(1) which almost covered offences defined in rule 2(e)". It was contended t..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......n course of two years by adjustment of half of the monthly rental every month, the agreement for lease was for more than one year and as such the said deed was compulsorily registrable under the provisions of the Registration Act; and that the said deed of agreement being an unregistered d..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
...... of the Constitution. It is a person aggrieved who is alone competent to file an application there under to show that the petitioner is aggrieved person, Mr. Mozammel Huq has referred to certain provisions of the Industrial Relations Ordinance, 1969. He has fried to show that when any right of ..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
....ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......, 1966 provides that the period of lease of an enemy property shall not be more than a year at a time. The Sub-Divisional Officer of course did not specify the period of lease but in view of specific provisions of law it cannot exceed one year at a time. This order therefore is modified to the exten..
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ...... 3. The respondents Nos.1 and 2 by filing a joint statement contended that the plaintiff appellant had no cause of action against them that the suit was barred by limitation under the provisions of the Carriage of Goods by Sea Act, that as the plaintiff appellant gave no notice of cl..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ......intly entitled to institute a suit is under any such disability, time will not run as against any of them until the disability has ceased. Under Section 8 of the Limitation Act, none of the provisions of section 6 and 7 of the Limitation Act, shall be deemed to extend f..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....or certain individuals, they can very well be waived. In that view of the matter the positive injunction contained in the said sub-section as to the making of parties in spite of its being couched in mandatory language, should be read as directory." 11. Mr. Islam's contention is that a......tice under section 96(3) (b) of the Act provides him with the knowledge of the transfer for the first time. This is deducible from the two-fold period of limitation prescribed under the two provisions. Section 96(1) provides for a period of limitation of 4 months from the date of..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
....bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
......gned assessment and the connected Demand Notices on the ground that certain deduction to which he was legally entitled were not nude by the respondents and that there was of contravention of any provisions of law such as section 12 of the Ordinance but it was mere omission under bona fide belie..
Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....assesse's income. This provision of notice having been enacted for general interest in keeping with the principle of natural justice cannot be taken to be merely directory. It is a mandatory provision. As we have noticed earlier, a proceeding for assessment of the income of an ass......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. ..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....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. ......tion of section 12 of the East Pakistan Labor Disputes Act, 1965. Section 12 reads as under:- “12. Procedure and powers of the Court. (1) The Court shall subject to the provisions of this Act follow such procedure as may be prescribed. "(2) The Court shall fo..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....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: ......ent to validate any such judgment of the Supreme Court, we are to treat that appeal as pending. 4. The contention of the learned Counsel cannot be sustained. A glance through the relevant provisions of the Proclamation of Independence and subsequent enactment will make the answer clear...Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
.... the order in the final order of the appellate officer does not arise. The effect of the appellate order was the cancellation of the Income-tax Officer's order of assessment and the giving of the mandatory direction to the Income-tax Officer to assess the total income of the Company afresh in ac......r of assessment for the assessment year 1949-50 having been made by the Income-tax Officer on 31-5-54 the said officer acted illegally in having rectified the alleged mistake under the aforesaid provisions of the Act on 15-7-61 which was long beyond the statutory period of 4 years and that the ..
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)
....;of the Act. 4. Syed Manzurul Ahsan, the learned Advocate appearing for the petitioner strenuously argued that the impugned order of compulsory retirement has been passed in contravention of the mandatory provision of Article 135 of the Constitution; and that it is also violative of t......t amounts to an order of removal within the meaning of article 135 of the constitution of the People/ Republic of Bangladesh and that the order having been passed without complying with the provisions of Article 135, it is liable to be quashed. The petitioner further contends that the..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
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