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M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)

....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. ......ssain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhatiachaya J M/s. Shamim & Co………………………................Appellant Vs. The Commissioner of Income Tax Dacca Zone....Respondent Judgment April 19, 1977. ......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

....p;……….Respondents Judgment April 12, 1977. Result: Cases Referred to- M/s. M.M. Ispahani Vs. Chairman, Second Labor Court and another, (1967) 19 DLR 612; Bangladesh Fishermen's Co-operative Society Ltd. Vs. The Chairman, Labor Court, Chittagong and a...... Present: Ruhul Islam CJ M. H. Rahman J Khulna Tobacco Industries Limited…………………Petitioner Vs. Chairman, Labour Court, Khulna and another……………….Respondents Judgment April 12,...... (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Khulna Tobacco Industries Limited…………………Petitioner 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. ..

Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2

Nazir Ahmed Vs. Bangladesh Jute Industries Corporation represented by its Chairman, 1977, 6 CLC (HCD)

....; ......ion by the Corporation against the employee does not suffer from any infirmity An employer has the power to suspend temporarily an employee when the employee's conduct has been such as to demand an enquiry, from the discharge of his function until the enquiry has been completed. This power ...... ...... In view of the above, the Rule is discharged. We do not make any order as to costs. Ed. Rahul Islam J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 196 ..

Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2

M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)

....ructed by A. Rab, Advocate-on-Record under Order XLV, Rule 1, Supreme Court Rules. Civil Appeal No.11 of 1974. (On Appeal from the Judgment and the Order of the High Court of Bangladesh, dated the 3rd July, 1972 in Appeal from Original Order No. 19 of 1970.) Judgme......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 ...... (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 Judgment March 21, 19......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

Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)

....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. ......ties interested in the Vessel M.L. "Madina", the Owner being Abul Hashem…...........................Appellant, (In Appeal No.12 of 1967 and Respondents in Appeal No.1 of 1 968.) Vs. Owners of the Vessel "M.L. Jalamani" Haji Mohammad Suruj Miah and anther….......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

Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....ury J Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Respondents Judgment February 9, 19......Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Respondents Judgment February 9, 1977. Re...... Present: Ruhul Islam CJ Abdul Momith Chowdhury J Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others……&hellip......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)

....vision (Special Original Jurisdiction) Present: Ruhul Islam CJ AM Chowdhury J Abdur Rashid..................................................Petitioner Vs. Govt. of Bangladesh.........................................Respondents Judgment February 9, 1977.......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...... High Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ AM Chowdhury J Abdur Rashid..................................................Petitioner Vs. Govt. of Bangladesh.........................................Respondents Judgment ......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)

....al Original Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another………………………&helli...... Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………………&...... (Special Original Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………&hell......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. ..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)

.... Judgment January 27, 1977. Result: This appeal is dismissed. Cases Referred to- M/s. Khan Bros. (1975) 27 DLR 423; M/s. Helal Jute Press Ltd. (1975) 27 DLR 551; Govt. of Bangladesh vs. Messres A. T. J. Industries Ltd. and others,(1976) 28 DLR 120. Lawyers Involved......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...... Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bangladesh and others……………..Appellants Vs. M/s. Speedbird Navigation Co. and others………………&he......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. ..

Category: Others | Date: 27 Jan, 1977 | Hits: 217

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

.... A Chowdhury J Kemaludding Hossain J Debesh Chandra Bhattacharya J Fazle Munim J M/s. Farmers & Co....................................Appellant Vs. Govt. of Bangladesh and another..................Respondents Judgment January 20, 1977. Result...... Case is also Reported in: 30 DLR (AD) (1978) 123. ...... ABM Husain CJ A Chowdhury J Kemaludding Hossain J Debesh Chandra Bhattacharya J Fazle Munim J M/s. Farmers & Co....................................Appellant Vs. Govt. of Bangladesh and another..................Respondents Judgment January 20......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)

....nal Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Dr. Nurul Islam………………………Petitioner Vs. Bangladesh & others ……………..Respondents Judgment De......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......ial Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Dr. Nurul Islam………………………Petitioner Vs. Bangladesh & others ……………..Respondents Judgment......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

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)

....ammad Mohsen Ali J Faizul Islam Chowdhury J Shaw and Co., Lakshmi Shaha Road, Chittagong ................Appellant Vs. The Province of East (Now the People's Republic of Bangladesh) and others............................Respondents Judgment August 24, 19......DLR (HCD) (1978) 355. ......sion (Civil Appellate Jurisdiction) Present: Sayed Mohammad Mohsen Ali J Faizul Islam Chowdhury J Shaw and Co., Lakshmi Shaha Road, Chittagong ................Appellant Vs. The Province of East (Now the People's Republic of Bangladesh) and others..........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)

....mand to furnish Bank guarantee having been made in pursuance of public notice and not under the aforesaid S.R.O. 49 (R)/66 or the act of 1950 is not validated under Section 7 or Act III of 1967. Bangladesh was substituted for the Government of Pakistan to undertake the rights and liabiliti...... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......J Debesh Chandra Bhattacharya J FKMA Munim J Controller of Imports & Exports, Govt. of Pakistan (Now Bangladesh) and others..................Appellants (In all the cases) Vs. Adamjee Jute Mills Ltd. Dacca and others.......Respondents (In Civil Appeal No. 20-D of 196...... 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)

....or sentencing a person to death or to transportation for life, an appeal lay as of right to the Appellate Division of the Supreme Court, as provided under Article 103 of the Constitution of Bangladesh. 67. Under new section 30 appeals lay to the Appellate Tribunal (one membe......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......nt: Ruhul Islam J A. T. M. Masud J Amirul Islam Chowdhury J Abdul Wadud Chowdhury J A. M. Choudhury J Md. Nazimuddin...................................Appellant Vs. The State...........................................Respondent Judgment July 29,......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ..

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

Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)

....t Appellate Division (Civil) Present: Syed A. B. Mahmud Hussain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Bangladesh Tea Estate Ltd.... ............Appellant. Vs. Bangladesh Tea Estate Staff Assoc......Reported in: 28 DLR (AD) 190. ......Syed A. B. Mahmud Hussain CJ Ahsanuddin 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, 1......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. ..

Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137

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. ......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...... Supreme Court Appellate Division (Civil) Present: Syed ABM Husain CJ Kemaluddin Hossain J Fazle Munim J Salamat Khan...............................Appellant Vs. Q.G. Ahad...………………………&hellip......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)

.... 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. ...... Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Karnaphuli Rayon and Chemical Ltd... .........................Appellant. Vs. The Collector of Central Excise & Land Customs, East Zone, Chitttagong & another�...... 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)

....ing of Section 36(2) (b) of the Special Powers Act and in support of his contention he relied on the decision of the Appellate Division of this Court in the case of solicitor, Government of Bangladesh Vs. A.T. Mridha, reported in 26 D.L.R. 17. Mr. Chowdhury has also submitted that if after......ellip;………………………Respondents Judgment September 3, 1975. Result: The Rule is discharged. Tofazzal Hossain Sardar and others Vs. The State; Abu Tayab Md. Mashood and Tipu Vs. the State, respectively at page 36 and ......l Jurisdiction) Present: A. T. M. Masud J Amirul Islam Chowdhury J Hasan Ali Daftary & others…………………..….Appellant Vs. The State…………………………&h......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 ..

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)

.... Present: Fazle Munim J Shahabuddin Ahmed J Abdul Mannan................................Petitioner Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh…………...............Respondents Judgment September 2,......urt Division (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ahmed J Abdul Mannan................................Petitioner Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh………….............eme Court High Court Division (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ahmed J Abdul Mannan................................Petitioner Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh……&...... 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

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

....(Special Original Jurisdiction) Present: Fazle Munim J S. Ahmed J The College of Music ............................Petitioner Vs. Secy. Revenue Department, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others..............Respondents Judgment Ju......July 30, 1975. Result: The rule is discharged Lawyers Involved: Mirza Golam Hafiz, with Md. Abdul Aziz—For the Petitioner. M.M. Haque, A.A.G.—For Respondent No. 1 and 2. Ahmed Subhan with A. Hasib and A.Y. Salehuzsaman—For Respondent Nos. 4 and 6. ......; ......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

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