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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. ...... allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......ulate generally all practices (including trade practices) and procedure connected with the import or export of such goods, and such order may provide for applications for licences under this Act, the evidence to be attached to such applications, the grant, use, transfer, sale or cancellation of such..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....olonial Sugar Refining Co. Vs. Irving, where it is in effect laid down that, while provisions of a statute dealing merely with matters of procedure may properly, unless that construction be textually inadmissible, have retrospective effect attributed to them, provision which touch at right in existe......adud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......the appellant was arrested with 34 moras of cotton yarn on the 19th May, 1774 at 22-00 hours. In the charge there is no mention as to whether it was silk yam or cotton yam. The Havildar P.W. 1 in his evidence does not mention it as cotton yam. PW-2 does not also mention as to whether it was silk or ..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. ...... involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ...... also denied that Nurul Absar was a unit representative. At the trial the respondent union examined 3 witnesses and the appellant one, the Manager of the company. The Labour Court on consideration of evidence held that the termination of service of Nurul Absar was malafide, a case of victimization f..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)
....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. ......se is also Reported In: 28 DLR (AD) (1976) 133. ......e Indian Government the appellants were collaborating with the Enemy Government and seeking permission to reside in Enemy territory. Thirdly, the appellants have not placed before the Court any evidence which could be said to be unimpeachable as found by the High Court. However, we refrain ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ...... of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......hammad Sagbir Bhatti, the Supreme Court of Pakistan has held that submission to the reference of the Arbitrator may amount to acceptance. The High Court has clearly found and for which there is ample evidence on record that, the Appellant not only submitted to the jurisdiction of the sole Arbit..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
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. ...... This Case is also Reported in: 28 DLR (AD) (1978) 76. ......contested the claim on grounds, inter alia, that the plaintiffs were not entitled to any damages for non-fulfillment of the contract since they suffered no loss on that account. On consideration of evidence the suit was decreed by the trial Court for a sum of Rs. 2,350/- with interest on the ba..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....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 ......housand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594 ...... determined without such recounting, only then the Tribunal has got power to reopen the ballot boxes and recount the ballot papers in presence of parties. Before doing so it must come to a finding by evidence on oath that this recounting is indispensably necessary. On this view we are supported by e..Category: Election Law | Date: 7 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 ...... Vs. Commissioner of Income Tax……………………...Respondent Judgment, July 7, 1975. Result: The question submitted answered in the negative. Cases Referred To- Ata Hussain Khan Vs. C.I.T., Dacca (1968) XVIII Taxati......and the Privy Council arrived at the following conclusion:- “From all these decisions the legal position appears to be well settled that the Income-tax Officer is not bound to rely on such evidence produced by the assessee as he considers to be false and he can have recourse to section&nb..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 ......shi Vs. Farman Ali Mridha & anr.; 14 DLR 256, Sarbeswar Mandal & ors. Vs. Fakur Chand Sarker & ors; 31 CWN 576, Sarat Krishna Bose Vs. Bisweshwar Mitra & ors.; Pitamber Lal Vs. Dadhi Singh, ILR 46 All. 319; PLD 1959 (West Pakistan) Quetta 1, Muhammad Hashim Khan Vs. Major Fazal Elahi...... section 151 C. P. C. and the learned Judge proceeded on the footing that there was a distinction between dismissal on merits and dismissal for default as in the latter case there can be no evidence for the appellate Court to decide whether the appellant had a sufficient cause for his non ..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
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 ...... Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ......ime, whether poll was started at 7 A.M. instead of 8 A.M. and whether there was serious disturbance in the aforesaid centre, the Tribunal recorded its findings. As this finding is based on the entire evidence on record and relates to questions of facts, it will not be interfered with by this court a..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ......din Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ......ion Tribunal by the respondent No. 3. 3. Mr. Shah Azizur Rahman, the Learned Advocate for the petitioner, submits that the Election Tribunal did not frame any issue for determining discussed the evidences properly. Moreover, by declaring the entire election of Vice-Chairman of the Union Parisha..Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....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 ......is also Reported in: 27 DLR (HCD) (1975) 563 ......is admissible, and may commute retrospectively periods of absence, without leave into extraordinary leave. No such ground was taken in the written statement or even before the Authority. Nor any evidence cither oral or documentary was led in support of this contention. This contention was raise..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ...... Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ......bound to restore the property. If on some sort of information the Government had treated the same as an abandoned property, it was their foremost duty to release the same as soon as satisfactory evidence was produced before them that the properties in question could not be treated as abandoned ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
....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 ......s. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662 ...... 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 evidence and all other materials on record. Had it been the mere assertion of the petitioner in his ..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
....ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ......Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ...... May 2, 1975. Result: The appeal is dismissed. Evidence to Be Excluded Only that part of a witness's evidence to be excluded which is found false and not his whole evidence Law does not require that the entire evidence of such an witness should be rejected. E..Category: Arms Law | Date: 2 May, 1975 | Hits: 2
.... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
......acharya J
A.S. Faizul Islam Choudhury J
Abdul Awal and others…………………………….Appellants
Vs.
Mofasiluddin Ahmed and others……………Respondents
Judgment
April 30, ......on record as party Defendant No. 3 on 6.5.60 for the first time which was beyond the prescribed period of limitation for such a suit. The learned Subordinate Judge, however, on a consideration of the evidence on record, has held that M/s. Abdul Motalib and Sons was a proprietary firm and that the su..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ......n Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 (S.C.) 941; Sundar Ahir and others Vs. Phuljharia and another, A.I.......dra Nath Roy, if possible, and if not, by a competent pleader Commissioner to be appointed by the said Court; that the said court upon receipt of the Pleader Commissioner's report shall take such evidence, both oral and documentary, as the parties in order to determine the boundaries of the said..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ...... Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ......t may direct his property to be attached and may sell such property. To take another example Order 16, rule 10(2) the court may issue a proclamation requiring a person to attend and to give evidence or to produce document when such person without lawful excuse has failed to attend or to pr..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ......hman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ......roceeding in the writ jurisdiction is more in the nature of a summary proceeding in which examination of disputed question of fact of a complicated nature which involves production arid assessment of evidence is not, as a general rule, undertaken. In such jurisdiction a speedy decision, is to be mad..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......o right title or interest in the suit property. The present application was not maintainable. Rarnjan Ali was the real purchaser and not a benamdar. 4. The learned Munsif on consideration of evidence called by the parties held that Niher Bala and Uttama Devi were the same person and that th..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
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