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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. ......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. ......orkmen's Compensation, in Workmen's Miscellaneous Case No.76 of 1974. The respondent having been injured, filed a miscellaneous case under Workmen's Compensation Act for compensation and the Commissioner passed an award of compensation amounting to Tk. 8,400/- declaring that the emp......with the power of a Civil Court under the Code of Civil Procedure only for the limited purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the production of documents and material objects. 3. Under Section 30, an appeal has been provided from cert..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
.... that there were sufficient materials on record that the detenu was indulging in political and criminal activity and he did and was about to do prejudicial acts and it is stated that if necessary the relevant records would be produced before the court at the time of hearing. As a point of law it was......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.
...... Special Jurisdiction)
Present:
BadrulHaider Chowdhury J
M.H.Rahman J
Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra.............. Petitioners
Vs.
The State and others.................................................OppositeParty
Judgment
June 21......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.
..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....removal of wheat was not possible and as such the Investigating Officer did not act properly in not submitting charge-sheet at least against these two persons. For proper appreciation of the question relevant portion of the impugned order is quoted below: “Member Ismail Miah was the man a......sp;of the Special Powers Act does not preclude the Special Tribunal from taking cognizance of offence in respect of the person not charge sheeted. Of course, on perusal of the police report and other papers if the Special Tribunal is not satisfied with the investigation and the report submitted by t...... Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Md. Kalu Bhuiyan@ Kalu Miah................................Petitioner Vs. Special Tribunal No.II, Comilla and another.............Respondents Judgment June 9, 1977. Result: The rule is d......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....s to be carried and delivered subject to the terms and conditions of this bill of lading in the like good order and condition at the port of Chittagong unto order or his or their assignees." The relevant provisions of The Hague Rules which were considered by the Supreme Court of Pakis......D.W.3 Abdus Sobban who is a Jetty clerk of defendants No.1 and 2 the jetty platforms remain very dirty when goods are landed there But by 'dirty' he means full of dust, sand and scrap of papers." As to whether the appellant's goods came in contact with coal sweepings at th......ourt are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......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. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 358
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....e of interest to particularly refer to the Division Bench Decision of the Calcutta High Court reported in 26 C. W N. 65 where no less an eminent judge than Late Sir Ashutosh Mukherjee had observed at relevant page 70 as follows:- “The fundamental rule is that in order of establish adverse......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. ......gh Court Division (Civil Appellate Jurisdiction) Present: S. M. Husain J Abbas Sheikh & another......................Defendant-Appellants Vs. Md. Abu Hossain Sarkar and others ........Plaintiffs-Respondents Judgment June 7, 1977. Result: The app......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. ..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
....stified. This section provides for penalty in The case of contravention of any provision of sections 10, 11, 12 and 13. It is section 12 which relates to insurance against a building and this is relevant for our purpose. Allegation against the petitioner is that ne contravened section 12 by sup......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.
......Shahabuddin Ahmed J
Abdul Matin Khan Chowdhury J
Amin Jute Mills Ltd.......................................Petitioner
Vs.
Enquiry Officer, War Risks Insurance, East Pakistan Zone and others......Respondents
Judgment
May 5, 1977.
Result:
The rule is made abso......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.
..
Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....the Income Tax Officer, by his order dated 22-9-60, assessed the appellant for the accounting year ending on 31-3-51 to an income of Rs 4,98,597/-without issuing any appropriate notice under the relevant provision of the Income Tax Act in respect of the accounting year for which the assessment ......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. ......Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......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. ......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. ...... Present: Ruhul Islam CJ M. H. Rahman J Khulna Tobacco Industries Limited…………………Petitioner Vs. Chairman, Labour Court, Khulna and another……………….Respondents Judgment April 12,......h Court under the Code of Civil Procedure, 1908 (Act V of 1908), including the powers- (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and material object; and (c) issuing commissions for the examination of witnesses or ..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)
....t enactment 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 answ......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: ......ourt Appellate Division (Civil) Present: Ahasanuddin Choudhury J Kemaluddin Hossain J Fazle Munim J M/s. Jamal Jute Baling and Co..........Appellant Vs. M/s. M. Sarkies and Son..............Respondent ......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: ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
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. ......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. ......CD) (1978) 344. ......te party lodged a First Information Report to the effect that the petitioners and 22 others, 33 in all, trespassed into this office and snatched away his bunch of keys and took away his office files, documents and cash amounting to Tk. 7000/00 and also wrongfully confined him within a room. Thereaft..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)
....the damage caused to "M.L. Jalamoni" and the death of 8 persons among the passengers. According to the plaintiffs the crew of "M.L. Madina" were negligent in the navigation at the relevant time when the accident took place. Negligence of Crew are enumerated thus: (a) they fa......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ......149. ......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....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. ......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. ......ion) Present: Abdul Wadud Chowdhury J Taferuddin Pramanik……………………………Petitioner Vs. Tahmina Khatun and others…………………Opposite Parties Judgment ......us, may not always provide the answer to the problem of construction.”It is said Lopez, L. J. "often a valuable servant, but a dangerous master to follow in the construction of statutes or documents. The exclusion is often the result of inadvertence or of accident, and the maximum ought n..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
....ection of the Commissioner, an order of assessment which maintained the previous estimate. The Supreme Court held that for the computation of the limitation under section 35 of the Income-tax Act the relevant date would be the final order made by the Income-tax Officer after remand although that ord...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
......d.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
..
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)
....rement, action taken under this provision does not attract the application of article 135. 6. We have considered the submissions made by the learned Advocate and very carefully examined the relevant provisions of the Act XII of 1974 and the constitution. Decision in this case as it appears......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 ......Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Respondents Judgment February 9, 1977. Re......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)
....ement, action taken under this provision does hot attract the application of article 135. 6. We have considered the submissions made by the learned Advocates and very carefully examined the relevant provisions of the Act XII of 1974 and the Constitution. Decision in this case as it appears......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. ......tirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide power to pass laws regulating the terms and conditions of service. It is the inherent right of the Parliament and for that matter of the sup......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)
....impugned order can be supported. In this context it may be mentioned that the petitioner's claim of payment of rent upto 1963 is also not resisted by the learned Advocate General on examining the relevant records. 5. On consideration of the materials we are satisfied that the petitioner dul......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. ...... Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………………&...... with regard to mutation in favor of the petitioner the learned Advocate produced a certified copy of 'D', Register arid an attested copy of the copy of the Khatian No. 13. On examining these documents the learned Advocate-General appearing for the respondent No. 2 felt it difficult to suppo..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. ......lready been informed under section 63 of the Partnership Act as to the reconstitution of the firm on the retirement of 3 aforesaid partners and the said fact had already been notified in the newspapers. Nevertheless, in a meeting of the management Board held on 20th January, 1972 a resolution w......e Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bangladesh and others……………..Appellants Vs. M/s. Speedbird Navigati......acca who was respondent No.4 in the Writ Petition was made the Administrator for Dacca-Narayanganj Region and on 12th of January, 1972 he wrote a letter requesting the Respondent firm to produce documents before him by the 15th of January, 1972 with a view to examining them for taking appropria..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
.... who heard the revision case (Civil Revision No.776 of 1973) found that the suit had already abated under the provisions of the President's Order No.90 of 1972. Before proceeding further the relevant provisions of this enactment may be quoted: "2. Notwithstanding anything containe......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. ...... Case is also Reported in: 30 DLR (AD) (1978) 123. ......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)
....ioner has alleged that the impugned notification besides being violative of the various provisions of the Constitution has been passed mala fide at the instance of respondent No.2 who was at the relevant time the Deputy Prime Minister in charge of the Ministry of Health & Population Control......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 ......sh & others ……………..Respondents Judgment December 6, 1976. Result: The rule is made absolute. Case Referred to- The State of Jammu and Kashmir Vs. Triloki Nath Khosa and others, AIR 1174 SC1; State of Assam and others Vs. Kanak Cha......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 ..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ...... Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......under Ordinance 8 of 1961 is a public servant. Their Lordships held that a Nikah Registrar is a public servant as, according to their view, a person charged with the duty of making any authenticating documents and registers necessary for the ascertainment of the rights of people within the meaning o..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
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