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M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)

....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. ...... Lawyers Involved: Md. Fazlul Karim with S.S. Haldar and A.Y. Musiuzzaman, Advocates instructed by B.C. Pandey, Advocate-on-Record-For the Appellant. Sultan Hossain Khan, Deputy Attorney General with Md. Ismailuddin Sarkar and B.B. Roy Chowdhury, Assistant Attorney General, instructed b......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

Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)

....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   ......ion and benefit of this defect would go to the appellant………(5) Lawyers Involved: A. B. M. Knairul Hoque Advocate—For the Appellant. A.T.M Afzal, Dy. Attorney General—For the State. Criminal Appeal No. 518 of 1973. Judgment Badrul Haider ......rosecution case, in short, is that on 27.2.73 on receipt of secret information police and law enforcing agencies watched the movement of the accused and another, and at about 4-30 P.M. in Sarikal Hat Police found that the accused and another were loitering suspiciously. The police therefore encircle..

Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1

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   ......Assam and others Vs. Kanak Chandra Dutta, AIR 1967 SC 884. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam and Rokanuddin Mahmud, Advocates-For Petitioner. K.A. Bokr, Attorney General, with M M. Haque, Assistant Attorney General- For Res­pondent No. 1. Hamidul Huq Ch......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)

.... a public servant within the meaning of section 21 of the penal Code. Section 98 of the Wafs Ordinance runs thus: "98. The Administrator, Deputy Adminis­trator, Assistant Administrator, Inspector, Auditor and any other person appointed or authorised by the Administrator to do any act b......lip;.Respondent Judgment December 6, 1976 Result: The appeal is dismissed. Lawyers Involved: A. Rab II. Advocate-on-Record-For the Appellant. K. A. Bakr, Attorney General, with A.W. Bhuiyan, Assistant Attorney General instructed by B.C. Pandey, Advocate-on-Record......any knowledge and permission of the Administrator of Waqfs, Dacca and misap­propriated the said amount. This petition was forwarded by the Sub-Divisional Officer to the Officer-in-Charge, Kotwali Police Station for treating it as a First Information Report and taking cognizance of the case. Ther..

Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

.... was directed to make over the license and stock of cloth according of the direction of the Sub-Divisional Controller, Civil Supply, Chittagong. Mr. K. C. Ghose, the defendant No. 5 who was the Chief Inspector of Civil Supply made an inventory of the whole stock of goods in the shop of the plaintiff......s not the least hesitation to hold, that sale price of Rs. 89,242/5/9. pies was the real price as assessed towards compensation of the first requisition. Mr. Sultan Ahmed, the learned Deputy Attorney General appearing on behalf of defendant-respondent supports the finding of the learned Subordinate ......ault, the decree will be executable after serving proper notice on the Government. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 355.   ..

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. ......Dae.)55; Shanmugha Oil Mill Vs. Coimbafore Market Com­mittee, AIR 1960 Mad. 162; Kunnathat Thathunni Moopil Vs. State of Kerala AIR 1961 (SC) 559. Lawyers Involved: K.A. Bakar, Attorney-General with Quasi Shafiuddin, Assistant Attorney-General Instructed by M.R. Khan, Advocate-on-Recor...... 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. ..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....nder thus Act' without the used being committed to it for trial, but shall not take cognizance of any such offence except on a report in writing made by a police officer not below the rank of Sub-Inspector. (2) Proceedings in respect of an offence triable under this Act alleged to have been......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; United ......e morning of May 19, 1974 without having any valid permit or license and intending to dispose of the same in black market, he was intercepted by the Town Havildar on duty and was taken to the Tangail Police-Station, where the Havildar lodged First Information Report. Md. Nazimuddin was taken into cu..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

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. ......an in the case of Muhammad Saghir Bhatti & Sons Vs. Federation of Pakistan. The passage on the point says "that the argument was that after the first arbitrator was appointed, Quarter Master General had no power to make without the permission of the Court, another appointment; but the appel......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. ..

Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352

Karnaphuli Rayon and Chemical Ltd. Vs. Collector of Central Excise & Land Customs, East Zone, Chitttagong & another, 1975, 4 CLC (AD)

....ve named as 'Dilphane' the first three letters being the abbreviation of the name of the parent organisation of the company, namely, Dawood Industries Limited. The appellant received a notice from an Inspector of Central Excise, Chandroghona Circle, Chittagong intimating that the Collector of Centra...... dismissed. Lawyers Involved: Muhammad Habibur Rahman, with A. K. Khan, Advocates, instructed by A. Backkar, Advocate-on-Record—For the Appellant. Mahmudul Islam, Assistant Attorney-General, instructed by A. W. Mallik, Advocate-on-Record —For the Respondents. Civil Appeal N...... 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. ..

Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149

Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)

....nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561       ......section 36(2) (b) of the Special Powers Act, 1974. The intention of the legislature being clear that no proceeding except the "pending case" to be kept alive, the provision of the General Clause Act, 1897 would be inapplicable in the present case. In this connection he referred t......anj should not be quashed. 2. Facts giving rise to the present Rule may briefly be stated as follows: That one Rustom Ali Madbar on 17-7-1973 lodged a First Information Report at Munshiganj Police Station under sections 148, 307, 326 and 114 of the Penal Code and P..

Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2

Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 1975, 4 CLC (HCD)

.... The Rule is, accordingly, 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) 597 ......ed that the lands in question were requisitioned nearly 8 years ago and acquired nearly 4 years ago before the impugned order was made. 3. Mr. B. B. Roy Choudhury, the learned Assistant Attorney General appearing on behalf of the respondent Nos. 1, and 3, submitted that the government had autho...... The Rule is, accordingly, 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) 597 ..

Category: Property Law | Date: 2 Sep, 1975 | Hits: 3

Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)

....tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550   ......tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550   ......tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550   ..

Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1

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.  ......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.  ......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.  ..

Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240

The College of Music Vs. Secy. Revenue Depart¬ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others, 1975, 4 CLC (HCD)

....s order. In the result the rule is discharged without any order as to cost. Shahabuddin Ahmed J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 487   ...... 'X' to the Affidavit-in-opposition which substantiates the above claim. 5. As regards the maintainability of this petition it was submitted by Mr. M.M. Haque, the learned Asst. Attorney General who appeared on behalf of the Govt. that when the order of requisition is set aside by the G......s order. In the result the rule is discharged without any order as to cost. Shahabuddin Ahmed J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 487   ..

Category: Property Law | Date: 30 Jul, 1975 | Hits: 3

Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus¬tody) Vs. The State, represen¬ted by Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Eden Bu¬ildings, Dacca, 1975, 4 CLC (HCD)

....-sheet was treated as withdrawn as per opinion of the learned Public Prosecutor. The case dragged on for about a year and on 23-5-73 the following order was made: "Seen prayer of Court' Inspector Ctg. and decision of the D.S C. dt. 19-5-73, perused records. S P. Ctg. is requested to ca......i be set at liberty at once. In the result, the rule is made absolute. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 517   ......i be set at liberty at once. In the result, the rule is made absolute. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 517   ..

Category: Administrative Law | Date: 26 Jun, 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      ......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      ......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      ..

Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3

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         ......other , 1962 P.L.C. 1021. Lawyars Involved: Mozammal Huq—For Petitioner (In C.R. No. 1423 of 1970 and for opposite party (In C.R, No. 811 of 1968) Ranadhir Sen—Dy. Attorney-General—For Opposite-party Ro.1 (In C.R. No. 1423 of 1970) Mohammad Ali—For Opposite par......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         ..

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       ......cumstances men­tioned above…....(3) Lawyers Involved: T. H. Khan with A. H. Md. Nurul Huda Khandaker, Advocates—For the Petitioners. Mahmudul Islam, Assistant Attorney-General —For Respondent No. 1. Petition No. 691 of 1974 Judgment Fazle Munim J.......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       ..

Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7

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.       ......;76 read with section 79 sub-section (3) of the Companies Act, 1913 filed by Mr. Ahmedur Rahman, Managing Director of Manipur Tea Co. Ltd. for condoning the delay in holding the Annual General Meeting for the year 1972 with a prayer for directing the petitioner to hold the said Annual...... 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.       ..

Category: Corporate Law | Date: 20 May, 1975 | Hits: 2

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       ......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       ...... him to Chandanbaisha camp with all the relevant papers connected with the polling at that centre. The Presiding Officer acted accordingly and on the following day i.e. 31.12.73, moved to Shariakandi Police Station. On this date he counted the votes cast at that centre on the previous day and sent a..

Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1