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Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....sition. On the contrary, the petitioner has annexed to this petition "Annexure F", a letter from the Additional Deputy Commissioner who was the General Secretary of the Exhibition Committee dated 14-2-76 requesting him to supply 1000 chairs for the said exhibition which request was duly co...... 174 of the Penal Code reads as follow:- “Section 174, Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as public servan...... Mirza Golam Hafiz with Mr. Md. Abdul Aziz—For the petitioner. No one—For opposite party. Judgment Abdur Rahman Chowdhury J.—This rule arises out of an application for quashing the proceedings in C.R. case No. 98 of 1976 pending in the court of Sub-divisional Magi..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....sh;For the appellant. A. K M. Moztmmel Huq Bhuiya, Advocate, instructed by M. R. Khan, Advocate on Record-For the Respondent. Civil Appeal No.66-D of 1970. (From the Judgment and Order dated 1-12-1967 passed by the Dacca High Court in Reference Case No.17/66). Judgment ......of the income tax of the appellant for the assessment year 1951-52. 2. The appellant is a Dealer in Jute and an income tax assessee. The Income Tax Officer of the appellant's circle issued a notice under section 22 (2) of the Income Tax Act on 26-7-51 for the assessment year 1951-52. Sub&sh......against a judgment of a Bench of the High Court of East Pakistan disposing of a reference under section 66 (2) of the Income Tax Act in connection of the assessment of the income tax of the appellant for the assessment year 1951-52. 2. The appellant is a Dealer in Jute and an income tax assesse..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....r the Petitioner. Faruque Ahmed—For Respondent No. 2. Petition No. 1365 of 1974. Judgment Ruhul Islam CJ.—This application is directed against the judgment and order dated 20th August, 1974 passed by the Labor Court, Khulna in Miscellaneous Case No. 34 of 1974 (I.R....... amended rule 13 of Order IX of the Code of Civil Procedure. Another contention of the petitioner is that the Labor Court acted indexes of the jurisdiction vested in it, in holding that the notice allegedly sent by post was duly served upon the petitioner, inasmuch as, no evidence has been......xes of the jurisdiction vested in it, in holding that the notice allegedly sent by post was duly served upon the petitioner, inasmuch as, no evidence has been produced to show that in fact the notice for the petitioner was actually posted by anybody. 3. Before we take up the above noted points ..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
....e Petitioner.
M.Hqfizullah—For Respondent Nos. 1 & 2,
Writ Petition No. 337 of 1974
Judgment
M.H. Rahman J.- In this application the petitioner has challenged the order dated 8.2.74 of the Secretary, Bangladesh Jute Industries Corporation suspending the petitioner from......e was asked for and requested the Corporation to exonerate him from any offence that he might have committed. After waiting for sometime the petitioner's learned Advocate sent a demand of justice notice to the respondents on 17.3.74 by a telegram requesting withdrawal" of the order of suspe......es not apply its mind to the allegation against the employee and does not indicate what action is proposed to be taken by the employer and keeps on the employee hanging in suspend the matter may call for scrutiny.
In the instant case the Corporation has found rightly or wrongly the allegations ..
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)
.... 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.) Judgment K......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: ......on under section 47 of the Civil Procedure Code, which was rejected by the executing court by an order dated 27.12.69. From this order judgment-debtor filed an appeal being F.M.A. no. 90 of 1970, before the Dacca High Court. During the pendency of this appeal on 6th of October, 1971, the Supreme ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
.... Appellant (In Appeal No.12 of 1967). Appeal No. 12 of 1967. Judgment Ruhul Islam CJ.—Appeal No. 12 of 1967 preferred by the defendant is directed against the judgment and order dated 17th August, 1967 passed by A.M. Abdullah, J. in Admiralty Suit No.1 of 1966. Appeal No.1 of 1...... wreck valued at Rs.5000/-, was handed over to the owner. Plaintiff-respondent No.1 and the Industrial Development Bank of Pakistan executed letter of subrogation dated 17-2-65 and 20-3-65 and served notice of abandonment in favor of the plaintiff- respondent No. 2 dated 20-3-65. Plaintiff-responden...... Company" and Respondent No.2 (Plaintiff No.2) New Jubilee Insurance Company Ltd. being the insurer of the said Vessel, by virtue of the letter of abandonment by the insured, instituted the suit for a decree for Rs. 73,311/- against the defendant, along with other reliefs. In the suit it was st..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....remaining co-sharer tenants or tenants holding land contiguous to the land transferred to join the application for preemption within the period mentioned in sub-section 1) or within two months of the date of service of notice of the application under clause (b) of sub-section (3), whichever is earli......) of the Act gives a cosharer of a holding or a contiguous landholder the right to apply for pre-emption. Such person has to file application for pre-emption within four months of the service of notice upon him and if no notice has been served upon him, within four months of the knowledge of th......No.234 of 1966 was that they were owner of the land contiguous to the land under pre-emption. The same was sold by the opposite party No. 5 of that proceeding to opposite party No.1, the petitioner before this Court on 5-6-1965 for Rs. 2,000/-. The opposite party No.1, according to the appellant, wa..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
....-on-Record-For the Appellant.
Mozammel Huq Bhuiyan, Advocate, instructed by S.S. Hoda, Advocate-on-Record-For the Respondents.
Civil Appeal No.16 of 1973.
(From the Judgment and Order dated 12.3.70 passed by the Dacca High Court in Writ Petition No.586 of 1967.)
Judgment
De......orbed depreciation of earlier years leaving a loss of Rs.12,00,774/- and unabsorbed depreciation of Rs. 24,53,536/-, totalling Rs. 36, 54,310/.
3. On 13.9.60 the Income-lax Officer served a notice on the predecessor Company under section 35 of the Income-tax Act stating that they would rec......id scheme was that the losses and unabsorbed depreciation of the Said two British Companies as assessed upto the date of transfer would pass to the appellant Company. The assessment of R.S.N. Co. Ltd for the year 1947-48, the previous year being Calendar year 1946, was made in Pakistan on 29.3.52. T..
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)
....an Hossain Khan, Deputy Attorney General—For the Respondents. Writ petition No. 1025 of 1974 Judgment Ruhul Islam CJ.- In this application legality of the order dated 25th July, 1974 directing the compulsory retirement of the petitioner from his service under s......d 2 mds and 17 seers rice in one bag against D.O.s of rice and sugar and the said memo also contained an allegation of short delivery of 2 mds 23 seers wheat. On receipt of the above noted show cause notice requiring the petitioner to submit an explanation, he submitted an explanation in which it wa......d Movement Officer, Tejgaon, required the petitioner to explain, under his Memo. No. T.Ju 589 dated 16th March, 1974 as to why exemplary and severe disciplinary action should not be taken against him for giving excess delivery of 5 mds 7 seer and 8 chattaks of sugar in two bags by refilling in wheat..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....tioner. Sultan Hossain Khan, Deputy Attorney-General—For respondents. Writ Petition No.1025 of 1974. Judgment Ruhul Islam CJ.—In this application legality of the order dated 25th July, 1974 directing the compulsory retirement of the petitioner from his service under s......ds and 17 seers rice in one bag against D.O's of rice and sugar and the said Memo also contained an allegation, of short delivery of 2 mds 23 seers wheat. On receipt of the above noted show cause notice requiring the petitioner to submit an explanation, he submitted an explanation in which it wa......e 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 supreme law-making body, to regulate the time of retirement of the government..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)
.... of theConstitutionof the People's Republic of Bangladesh. Judgment Ruhul Islam CJ.– In this application the petitioner has made the grievance that about the legality of the Order dated 22nd September, 1973 passed by the Additional Deputy Commissioner, Dacca purporting to resume ......r through the tenants. Subsequently the holding in question was purported to be taken over as abandoned property under Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 and notice thereof was served upon the petitioner's tenant. 2. The petitioner submitted represe......rder dated 22nd September, 1973 passed by the Additional Deputy Commissioner, Dacca purporting to resume the land in holding No. 118, Segun Bagicha, P.S. Ramna, Dacca on cancellation of the lease and forfeiting the same along with buildings thereon with effect from 18th September, 1973. The pet..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....d, Advocate, instructed by S.S, Hoda Advocate-on-Record—For Respondents Nos.1 and 2. Ex-parte-Respondents No.3-7. Civil Appeal No.14 of 1976. (Appeal from the judgment and order dated 18th June, 1974 passed by a Division Bench of the High Court in Writ Petition No. 306 of 1973)......shy;ondly, whether formation of the opinion of the Government is necessary for holding or declaring a property an abandoned property and its vesting under Article 4. Thirdly, whether prior show cause notice is mandatory before the opinion of the Government is formed. 15. On the first question, ......again reconstituted by the remaining 3 partners K.P. Mahmud, Mohammad Kamal, H. Amir Ali along with 3 new partners namely, M.S. Islam Chowdhury, Mujibur Rahman and Syed Mohammad in place of the aforesaid retried partners. On the 6th of January, 1972 a Notification purported to have been is..Category: Others | Date: 27 Jan, 1977 | Hits: 217
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....irector 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 dated 22nd Nov, 1978 issued by the Ministry of Health and Population Control, Govt. of Bangladesh pu...... IPGMR to continue also as Professor of Medicine with the right to private practice and as such protected under paragraph No. 10 of the 4th Schedule of the Constitution. From the facts of the case as noticed hereinbefore it becomes clear that the petitioner was not willing to accept the non-practisi...... in addition to his own duties and without any extra remuneration. In March, 1968, Sir James Cameron, who was the Director & Prof, of Medicine of the IPGMR since its inception in 1965 having left for U.K. Dr. Islam was put in charge of the office of the Director of the 'IPGMR' in additio..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....al Appeal No.6 of 1976. (From Criminal Revision No.62 of 1972) Judgment Mahmud Husain CJ. - This appeal by special leave is from the judgment and order of the High Court Division dated 15-11-73 in Criminal Revision No.63 of 1972 refusing to quash the order of commitment dated 20......ontention is that the Mutawalli comes within the purview of the words "any other person" appointed or authorised by the Administrator to do any act by or under this Ordinance It may be noticed that "Mutawalli" has been defined in section 2(6) of the Waqfs Ordinance which run......ate filed a petition of complaint in the Court of sub-Divisional Officer (South), Dacca against the appellant to the effect that he withdraw compensation money amounting to Tk. 37,147/50 awarded for acquisition of certain plots of land in Land Acquisition Case No.20 of 196061 without any knowle..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....ate decree No. 204 of 1963. Judgment Abdul Wadud Chowdhury J.- This second appeal arises out of a suit for declaration that the order passed by Sales Personnel Department, Bata Shoe Company dated 7.7.59 terminating the service of the plaintiff, a shop employee of the Bata Shoe Company was ......ces were liable to be terminated under sub-clause (XII) of Clause 21 (B) of the aforesaid Standing Rules and Orders but it was actually terminated under Clause 21(A) which does not require service of notice to show cause with a view to give him some additional advantage such as the company's pro......ller, Defendant.......Respondent Judgment August 28, 1976. Result: This appeal is allowed. Lawyers Involved: Md. Nurul Huda—For the Appellant A.K.M. Siddique for Hafizullah—For the Respondent. Appeal from Appellate decree No. 204 of 1963. Jud..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
....et price. The prices of the Lungies were carelessly and whimsically fixed, on 6.9.45 and again revised on 15-9-45. The stock of Lungies was sold by the officers of the defendant No. I and by a letter dated 19-11-45 plaintiff was informed that an amount of Rs. 89,245/5/9 only being the amount of comp......ended to the plaint for the good covered by the second requisition order. Notices under section 80 of the Civil Procedure Code were duly served on the defendants. As in spite of services of notices under section 80 of the Civil Procedure Code on the defendants, no compensation ha......964 (W P) Karachi 290; Alep Shah Fakir Vs. Muhammad Amud Ali Munshi 7 D.L.R. 603; Kumar Pramath Nath Roy Vs. Nawabzada Syed Ali Mirza and others 2 D.L.R. 319; Province of Bengal Vs. Board of Trustees for Improvement of Calcutta AIR 1946 Cal. 416.
Lawyers Involved:
S. C. Das with Zahir Ahem..
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)
....4-D & 46-D of 1968 Respondent in Civil Appeal No. 41-D of 1968). Civil Appeal Nos. 20-D to 47-D of 1968. (On appeal from the judgment and order of the High Court of East Pakistan/Dacca, dated the 2nd February, 1968 in Writ Petitions Ns.1, 7, 40 to 47, 52, 61-63, 88-92, 147, 148, 155, 2......nt arrived between September, 1966 and August, 10, 1967. They did not import any raw materials during the periods, January to June 1965 and July to December, 1965. 4. By several public notices which were issued by the Chief Controller of Imports and Exports, Government of Pakistan, th......iya Vs. Amit (1965) 3. AER 701; Prov. of E. Pakistan Vs. Serajul Huq Patwari, (1967) 19 DLR 281; Sheikh Pir Muhammad Vs. Khulna Municipal Committee (1967)19 DLR (Dae.)55; Shanmugha Oil Mill Vs. Coimbafore Market Committee, AIR 1960 Mad. 162; Kunnathat Thathunni Moopil Vs. State of Kerala AIR 19..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....he Full Bench has been made by a Division Bench of this Court in connection with an appeal preferred against the order of conviction and sentence passed by Mr. S.S. Ahmed, Special Tribunal I, Tangail dated July 30, 1974, in Special Powers Act Case No. 43 of 1974, convicting the appellant under secti...... being a vested right, it is protected in spite of amendment or repeal of the statute under which the accused was tried, unless different intention appears from the amended provision. We have already noticed above how section 30 stands after amendment. It is difficult to constitute subsect......, 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 for six m..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....sh;For the Appellant. Mozammel Huq Senior Advocate, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent. Civil Appeal No. 22 of 1973. (From the judgment and order dated 2-4-1970 passed by the Dacca High Court in F.M.A. No. 131 of 1968). Judgment Kemalud......r of suspension was cancelled and he was allowed to join his duties on 7-3-63 but on the following day, that is, on 8-3-63 his services were terminated, allowing him to draw 15 days salary in lieu of notice. It was held that it was a case of termination and no cause for labour dispute. 14. In t...... was that Nurul Absar was an active member of the Union and was its Unit Representative of the Chittagong Circle, and that he took active part in the union matters, and so the employer victimised him for his trade union activities. 3. The appellant's contest centred round the maintainabilit..Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
...., Advocate, instructed by A.W. Mallik, Advocate-on-Record—For the Respondents (In both the appeals). Civil Appeals No. 61-D & 62-D of 1970. (From the Judgment and Order dated 22-4-68 parsed by the Dacca High Court in Petitions No. 295 and 296 of 1966). Judgm......on of Emergency in September 1965, the appellant had gone to Calcutta on a Pakistan Passport for medical treatment and continued to stay thereafter the proclamation. During his stay in Calcutta, a notice dated 23-5-1966 was issued declaring the properties of the partnership firm enemy properties......nership firm known as "Messrs Budhai Gour Kishore Saha". This partnership firm carried on business of commission agency and owned properties at Bhairab Bazar in the district of Mymensingh. Before the Proclamation of Emergency in September 1965, the appellant had gone to Calcutta on a Pakis..Category: Property Law | Date: 7 May, 1976 | Hits: 55
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