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Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)
....73. Judgment Badrul Haider Chowdhury J.- This appeal is directed against an order of conviction under Article 2(4)(a)(1) of P.O. 50 of 1972 sentencing the appellant to 7 years rigorous imprisonment and a fine of Tk. 500/- in default R. I. for 6 months . 2. The prosecution case, in sho......e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405 ......e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405 ...... December 15, 1976. Result: The appeal is allowed. Question of Doubt or Presumption under section 114(g) of the Evidence Act- As the petitioner witness were not examined and no explanation was given for his non examination, presumption under section 114(g) of ..Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....ellip;……Petitioner Vs. Bangladesh & 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......ndent No. 2. W.P. 571 of 1978 Judgment Abdur Rahman Chowdhury J.- Dr. Nurul Islam, Director and Professor of Medicine of the Institute of Post Graduate Medicine and Research, briefly called the IPGMR, obtained this Rule Nisi against the respondents to show cause why the Notification......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..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....earned Counsel for the appellant is that the appellant having been appointed Mutawalli by the Administrator of Waqfs under the Waqfs Ordinance is covered by the words ''any other person" in section 98 of the Waqfs Ordinance and as such can be deemed to be a public servant with......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. ......rge-sheet was submitted against the appellant on 31-7-69 under sections 420 and 409 of the Penal Code and later the case was transferred to the Court of Mr. I. H. Chowdbury, Magistrate, 1st Class for trial. After examination of 7 witnesses the case transpired to the Magistrate to be one under sectio...... Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
.... other for retail sales.
3. Some officers of the Civil Supply Department became displeased with the plaintiff as it failed to satisfy their whimsical wishes; as a result, the firm was put to all sorts of harassment. On one occasion in the month of July, 1944 the plaintiff was ordered not to dis......ame which has been marked as Ext. 9. The original Ext. 9 was filed before the District Controller and Sub-divisional Controller before 11 a.m. on 6-9-45. But no one from the side of the plaintiff was called for settlement of the prides for Lungies. The price fixed by the Sub-divisional Controller, C......plaintiff, so the plaintiff filed, the suit claiming in all a sum of Rs. 3, 28,790/8/3 from the defendants.
5. The plaintiff Nos. 2 and 5 filed two separate written statements but at the time of trial they did not appear or contest the suit provision of Bengal which was initially defendant No. ......DLR (HCD) (1978) 355.
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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)
....State Bank. 7. The respondents made representations to the Government against the imposition of the price differential stating that the Government was not entitled to impose it. They also object to the method of calculation of the landed Cost and the price differential. Further, ...... 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. ......eal No. 22-D of 1968) East Bengal Steel Re-Rolling Mills Ltd. Khulna & another……….Respondents (In Civil Appeal No. 23-D oh 1968) East Bengal Trading & Industrial Corporation Ltd., Chittagong and another....Respondents (In Civil Appeal No. 24-D of 1968...... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
.... of 1974, convicting the appellant under section 25(1) read with item 6 of the Schedule and section 2(b) of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Taka 1000/-, in default, to suffer rigorous imprisonment f......eals.-(1) As appeal from the judgment of a Special Tribunal shall lie to the High Court Division. (2) Save as provided in sub-section (1) no order, judgment or sentence of a Special Tribunal shall be called in question in any manner whatsoever in or before any Court”. New section 30&...... P. S. Case No.23 dated May 19, 1974 at about 22-00 hour was registered. Police after, investigation submitted charge-sheet, on the basis of which cognizance was taken by the Special Tribunal. At the trial the appellant pleaded not guilty to the accusations and the charges and he claimed to be tried......ing Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC); Quilter, (1882) 9 QBD 672 (CA); Smith, (1901) AC 297, 305; West, (1911) 2CH. 1; I.T.Commissioner, (1916) 2 KBD 249; Delhi Cloth and General Milk, 54 JA 421; DaiVanayaka Reddiyar, ILR 50 Mad. 857; Ram Singha, ILR 50 All. 965; Uni..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....uddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Bangladesh Tea Estate Ltd.... ............Appellant. Vs. Bangladesh Tea Estate Staff Association................Respondent Judgment May 17, 1976. Result: The appeal is di......to Grade II, Garden clerk on 3-7-67. The appellant by a letter terminated the service of Nurul Absar under section 19 of the East Pakistan Employment of Labour (Standing Orders) Act, 1965 hereinafter called the "Standing Orders Act" offering him his legal dues. The employee instead of rece......r right to terminate the service of their worker without assigning any reason. The allegation of victimization was denied. The appellant 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. T......Reported in: 28 DLR (AD) 190. ..Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
.... Deputy Commissioner who surveyed the two plot and submitted a report. The appellant disagreeing with the report filed a petition in the demarcation case on 19-9-67 praying for appointment of five persons named by him including Mr. Zainul Abedin Chowdhury, Administrative Officer, Divisional Com......on dated 19-9-67, in place of Mr. Alimullah Chowdhury as an umpire. The Respondent filed an objection against this petition dated 7-10-67 on 27-11-67 contending that the appointment of umpire was not called for in view of the appointment of Mr. Zainul Abedin Chowdhury as the sole Arbitrator and pray......rdinate Judge and he was called upon to put in his objection. He did raise several grounds of objection but this question was never raised. On the contrary, his objection, which was found by the trial Court barred by, limitation, described Mr. Z. Abedin Chowdhury as the sole arbitrator, an......B. 256; Brogden Vs. Metropolitan Railway Company, 1877 (2) Appeal Cases 666; Muhd. Sagir Bhatti & Sons Vs. Federation of Pakistan, (1968) 10 DLR (SC) 169. Lawyers Involved: M. H. Khandker, Senior Advocate, with B.B. Roy Chowdhury and B.K. Das, Advocates, instructed by S.M. Huq, Ad..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
....ther contended that 'Dilphane' was not an excisable commodity as defined in section 2(d) of the Act and it did not fall under item 35 of the First Schedule to the Act which embraces 'Cellophane', all sorts of plastic materials and synthetic resins, 'Dilphane' was neither 'Cellophane' nor plastic nor...... in sealing and mending artiÂcles. Cellophane is struck, or laminated, to materials to give them gloss, protest them against moisture, and preserve print.
Cellophane is made from plant fiber, called cellulose. Highly purified sheets of cellulose prepared from wood are soaÂked in sodium hydr...... constitution.
In the result, there being no substance in the appeal it is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 72.
......: 28 DLR (AD) (1976) 72.
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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)
....¦â€¦..............Respondent Judgment July 31, 1975. Result: The appeal is dismissed. Cases Referred to- Jamal Vs. Moola Dowood and sons, AIR 1915 P. C. 48: A. V. Joseph Vs. R. Skow Bux, AIR 1918 Privy Council 149; Erroll Mockay Vs...... that the seller defendants are not liable to pay damages claimed by the plaintiffs on their failure to prove actual loss: They are at best entitled to nominal damages. He has in his support called in aid S. 73 of the Contract Act. 6. Before dealing with the contention of Mr. Sha...... Privy Council 196: Sridhon Vs. Gordhandas, 26 Bombay 235 ; Hajee IsÂmail Sons Vs. Wilsons & Co. 41 Madras, 907 Ramdhandas R. Kisson Prim Vs. Kishori Girm, AIR 1954 Orissa 254; Pakistan IndusÂtrial Development Corporation Vs. Aziz Quroshi, PLD 1965 Karachi 202. Lawyers Involved: ......td……..............Respondent Judgment July 31, 1975. Result: The appeal is dismissed. Cases Referred to- Jamal Vs. Moola Dowood and sons, AIR 1915 P. C. 48: A. V. Joseph Vs. R. Skow Bux, AIR 1918 Privy Council 149; Erroll Mocka..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....lip;…......................Petitioner Vs. Election Tribunal, Narayanganj and others…..........Respondents Judgment July 7, 1975. Result: The Rule is made absolute Cases Referred to- Stowe Vs. Jollife (1874), L.R.I.C. P-446 and "G.T. Mudaliar......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 ......issioner for counting ballot papers, far less, for determining their validity. Under Rule 61-A of the Election Rules, a petition is to be tried as far as possible in accordance with the procedure for trial of a suit under the Civil Procedure Code and under Rule 61-B the Tribunal has got all the powe......isdiction) Present: Shahabuddin Ahmed J S.M. Hussain J Amizuddin Ahmed…………......................Petitioner Vs. Election Tribunal, Narayanganj and others…..........Respondents Judgment July 7, 1975. Result: The Rule ..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....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 Income Tax Act and enhancing the rate of gross profit disclosed by...... 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 ......ot;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 verdict. Thus the procedure of assessment is very often discreted as "quassi judicial......red in the negative. Cases Referred To- Ata Hussain Khan Vs. C.I.T., Dacca (1968) XVIII Taxation, 2; S. Veeriah Reddiar Vs. C.I.T., Travancore-Cochin, Bangalore (1960) 2(III) Taxation 130; Pandit Brothers Vs. C.I. T" Delhi (1954) 26 I. T. R., 159; Commissioner of Income Tax Vs. McMill..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....he defendant filed an application for restoration under Order 47 Rule 1 and under section 151, C. P. C. which was rejected by the learned Munsif and subsequently on revision this was also affirmed by the High Court. 5. It was held that an order dismissing an application under Ord...... section 151 of the Code was enacted, and where there is no provision in the Code expressly providing for a remedy and none which prohibits a remedy being administered and as such remedy is called for in order to do that real and substantial justice for the administration of which it exist...... 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 ......llip;…………………...Opposite party Judgment July 1, 1975 Result: The Rule is discharged. Cases Referred to- Abdur Rahman Miji and ors. Vs. Abdul Wadud Mea and ors, 1952 PLR 2 Dac. 87; AIR 1959 Pat. 121 (Full Bench), Doma Chowd..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....p;…..Opposite party Judgment May 30, 1975. Result: The rule in Civil Revision No. 1423 of 1970 is discharged. The order of the learned District Judge with different reason is affirmed. The rule in Civil Revision No. 811 of 1968 is made absolute. Cases Referr......f the Payment of Wages Act to the railway employees, we think only one question set out below is necessary for the disposal of these revision cases and so no further discussion on other questions are called for. 3. The question of law which arises for consideration is whether the railway employ......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 ..............Opposite parties Pakistan Eastern Railway Administration……………Petitioner Vs. Md. Mafizuddin, Clerk under Chief Superintendent, Watch and Ward, P.E. Railway………………..Opposite party Judgment..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)
....……..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent Judgment May 22, 1975 Result: The Rule is made absolute In the presence of any family member no property can be treated as abandoned property ev......c Works, & Urban Development for information and necessary action. 2. Mr. Abdur Rashid 9, Joginagar, Dacca for information & with request to produce necessary documents of ownership when called for by the Govt. Sd/- (Illegible) Sub-divisional Officer, 24.5.75 Sadar (......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 ......nbsp; ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....eeting primarily the power under section 76 subsection (3) of the Companies, Act 1913 of the Court can be invoked. But in exercising 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 ......the petition says with regard to the balance sheet upon which the learned counsel has laid considerable stress has nothing to do with the matter. Possibly, the general meeting, which should have been called is one before which the balance-sheet should have been placed, but section 76 makes...... 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. ......man………………………. Petitioner Judgment May 20, 1975. Result: The appeal is allowed. Section 76, sub-section (3) and section 79, sub-section (3) of the Companies Act, 1913 are not exclusive but supplementary ..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
...., Special Magistrate, Pabna, in G. R. Case No. 264 of 1973 convicting the appellant under section 19(f) of the Arms Act read with P. O. 50 of 1972 and sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Tk. 500/- in default to suffer rigorous imprisonment for......Bandanagar under P. S. Chatmohar to search the house of the appellant in connection with Shahjadpur P. S. Case No. 4 dated 16.1.73 along with P.W.7 Constable Lal Miah, after arrival at the village he called the witnesses P.W.2 Nitai Biswas, P.W.3 Gupi Sardar, P.W. 4 Saritullah, P.W. 5 Faizul Islam a......red from their house and that they have been falsely implicated out of enmity and grudge. Prosecution examined 7 witnesses and defense examined I witness. The learned Special Magistrate held the trial in a summary way and on consideration of the evidence convicted and sentenced the appellant as......t Judgment 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 sho..Category: Arms Law | Date: 2 May, 1975 | Hits: 2
....hers (1946) A. C. 401 (H. L.); Walsh Vs. Holst & Co. Ltd. and others (1958) 3 A.E.R. 33; Rylands Vs. Fletcher; West Vs. Bristol Tramway Co. (1908) 2 K.B. 14; M'Alister (or Donoghue) Vs. Stevenson, (1932) A.C. 562 (H.L.); Ridden Vs. A.C. Billings (1957) 1 Q.B. 46; P.C. Oversees Tankship Vs. M......joyment by the latter of his property for it lies with the latter to protect himself from the operation of the natural laws: But, if the owner uses it for any purpose, which from its character may be called non-natural or extra-ordinary user, such as, for example, the introduction on the land of som......ect principle and the amount assessed is too excessive. The learned Advocate for the plaintiff respondent has on the other hand submitted that the claim as to damages was carefully scrutinized by the trial Court item wise and the assessment has been made in proper exercise of judicial discretion. It......;
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Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....ellip;…Petitioner Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another….....Respondents Judgment April 24, 1975 Result: The Rule is made absolute. Cases Referred To- Farquharson Vs. Morgan, Queen’s Beach Division (1), 1894,......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 ......petitioner such objection can be taken before this Court exercising jurisdiction under Article 102 of the Constitution, notwithstanding the inability of the petitioner to take it before the trial Court at the first instance. Whenever there is want of jurisdiction of the Court concerned, an......975 Result: The Rule is made absolute. Cases Referred To- Farquharson Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 558; Lord Denman in Bodenham Vs. Rickets; Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 Lawyers involved: M. H. Khandker-Fo..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....p;……….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 23, 1975. Result: Both the Rules are made absolute. Cases Referred to- M/s. Yangteza Ltd. Vs. Barlars Brothers, 14 DLR (SC) 151; Ram B...... force in Bangladesh on the 25th of March, 1971, but consistent with the sovereign status of the newly born state were continued in force by virtue of a vary brief but significant enactment which was called Laws Continuance Enforcement Order, issued from Mujibnagar, on the same day as the Proclamati......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ......5. Lawyers Involved: Moinul Hossain, Mozammel Hoque Khan —For Petitioner (In both the Rules). M. Hafizullah—For Opposite Party (In both Rules). Civil Revision Nos. 628 and 629 of 1973 Judgment D. C. Bhattacharya J. —These two rules raise a certain ques..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
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