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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)

....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.   ......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.   ...... a huge stock of cloth had been kept concealed by the plaintiff in a secrete upper chamber of the plaintiff's shop house. Upon the report of inspector and on recommendation of the District Supply Officer, the District Magistrate cancelled the plaintiff's license and sealed up the shop, and o..

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)

....akar, Attorney-General with Quasi Shafiuddin, Assistant Attorney-General Instructed by M.R. Khan, Advocate-on-Record—For the Appellants (In all the ap­peals). Faqeer Shahabuddln Ahmed, Senior Advocate with Rafiq-ul-Huq, Senior Advocate & Shah Abu Nayem, Advocate, instructed by Abu......imposi­tion was not authorised by this Act which, besides being not a fiscal statute, did not, as appears from its provisioners, confer the power to tax upon a named authority. As observed by the Judicial Committee of the Privy Council, taxation to be effective must be im­posed by clear word......hellip;….Respondent (In Civil Appeal No. 47-D of 1968) Judgment August 18, 1976. Result: All the appeals are allowed. Cases Referred to- Abdul Kader Vs. Sales Tax Officer, AIR 1964 (SC) 922; Nawit Lal Vs. K.K. Sen, AIR 1965 (SC) 1375; Marriott Vs. Brune, (18..

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

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

....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. ......Australia. The Supreme Court of Queensland having granted leave to the appellant under the Order in Council of 1860 the appellant filed the appeal in the Privy Council. An application was made to the Judicial Committee by the respondent to dismiss the appeal from the judgment of the Supreme Court of......nt wanted to get Super quality saree for his trade and he was not taking the yam for black marketing. 4. Prosecution examined three witnesses- the Havildar who arrested the appellant, the Police Officer who recorded the. First Information Report and the seizure list witnesses. Defense examined ..

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

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

....Employees Union Dacca 13 DLR (S.C.) 280 PLD 1961 (S.C.) 403. Lawyers Involved: T. Islam, Advocate, instructed by Zinnur Ahmed, Advocate-on-Record—For the Appellant. Mozammel Huq Senior Advocate, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent. Civil......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. ......ty before the Labour Court. We are to see whether the High Court upon these findings was well founded in law in holding Nurul Absar an officer of the Union. 7. We refer to the definition of 'Officer' as defined in section 2(h) of the Trade Union Act, 1965 along with section 35 which con..

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

Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)

....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, Advocate-o......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. ......he 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 Com­missioner's Office, Chittagong and Mr. Alimullah Chowdhury, Member o..

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. ...... 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. ...... 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       ......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       ......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 93 in 27 D.L.R.; Baliah Vs. Rangachari, Income Tax Officer, A.I.R. 1969 (S.C.) 701; Criminal Misc. Case No. 84(74 (Shyamal Cas & others Vs. the Sta..

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 ...... 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 ...... records relating to L.A. Case No. 21/65/66 received with his memo under reference are returned herewith the receipt of which may kindly be acknowledged. Sd/- Illegible dt. 14.3.73. Section Officer.” The petitioner could not accept the legality of the order as contained in the a..

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

Md. Shahabuddin Vs. Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Buildings, Dacca, 1975, 4 CLC (HCD)

....gly, made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J.-I agree Ed. This Case is also Reported in: 27 DLR (1975)(HCD) 649       ......gly, made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J.-I agree Ed. This Case is also Reported in: 27 DLR (1975)(HCD) 649       ......d in Annexure 'C' to this petition, is as follows: OFFICE OF THE DACCA IMPROVEMENT TRUST D. I. T. BUILDING, DACCA. Memo No. AEO(B)/DIT/..Dated.... From :-The Asstt. Estate Officer(s) Dacca Improvement Trust.   To The President, and the Secretary, ..

Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1

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

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   ......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   ......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

Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)

....or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed.   This Case is also Reported in: 27 DLR (HCD) (1975) 655.   ......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed.   This Case is also Reported in: 27 DLR (HCD) (1975) 655.   ......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed.   This Case is also Reported in: 27 DLR (HCD) (1975) 655.   ..

Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2

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    ......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    ......r is in excess of the points referred to the Commissioner in that the Commissioner was directed to simply count the ballot papers' contained in different sealed packets forwarded by the Returning Officer, but he determined the validity of the ballot papers; (iii) The delegation of the mater..

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   ...... 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   ......3. The facts in short, which led to the filing of the application, are like this. The applicant was assessed to Income Tax for the assessment year 1970-71 (accounting year 1969- 70) by the Income Tax Officer, Dacca Circle A in G. I. R. No. 15-16/A(I) by his order dated January 24, 1972. The assessee..

Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2

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       ......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       ......Danga Free Primary School and 3. Thanahat Free Primary School and 4. Machanandha Free Primary School. On the conclusion of election in these sub-centers which were conducted peacefully, the Presiding Officer declared the petitioner elected Vice-Chairman of the Union Panshad. The result of the electi..

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         ......th different reason is affirmed. The rule in Civil Revision No. 811 of 1968 is made absolute. The order dated 24-7-67 passed by Mr. M. G. Mustafa, Munsif, 1st Court, Chittagong Sadar in Miscellaneous Judicial case No. 61 of 1965 under section 15(2) of Payment of Wages Act and the order dat......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       ......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       ......ed is directed to say that Government regrets their inability to accede to his prayer for release of M/s. M. Moin & Co., 150, Nawabpur Road, Dacca. Sd/- Md. Sirajul Islam, No. 4 Section Officer.” 2. The facts of the case are :-The petitioner No. 2 who is admittedly the owner..

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       ......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       ......Bangladesh Union Parishad and Paurasbsva Election Rules, 1973 Rule 40— The Sanctity and Impartiality of the Election— The provisions of Rule 40 do not empower the Presiding Officer to take away the ballot boxes to any place out- side the centre and then count the votes. Th..

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         ......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671         ......fles from two huts of the appellant. He seized the incriminating articles by preparing a seizure list in presence of witnesses. The appellant had no license or authority to keep the same. P.W. 6 Officer-in-charge of the police station Saritullah recorded suo motu F.I.R. Ext. 2, and to endorsed ..

Category: Arms Law | Date: 2 May, 1975 | Hits: 2

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

.... 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         ......ces, the second condition was not satisfied. It was thus held that unforeseeability of damage was relevant both to the liability and the compensation. 43. The same view has been expressed by the Judicial Committee of the Privy Council in P.C. Oversees Tankship Vs. Morts Dock (1961) 1 A.E.R. 404......nt to the Assembly Hall of the Dacca College which was under construction. 2. The plaintiff's case is that while he was on his normal inspection duty after the college hours as the Programme Officer on 5. 8. 58, he was seriously injured by the fall of a huge C.I. Sheet which suddenly fell o..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5