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Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....y when a case is finally adjudicated and judgment is delivered or order passed, and as such the law then existing governs the filing of appeal but not the law under which trial was held. 11. For proper consideration of the questions under reference in the light of the above noted contentions th......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and General Milk, 54 JA 421; DaiVanayaka Reddiyar, ILR 50 Mad. 857; Ram Singha, ILR 50 All. 965; Uni......tment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) "affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, ..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....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. ......Reported in: 28 DLR (AD) 190. ......er 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 receiving his dues raised a labour dispute through the Union und..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)
.... to be a citizen of Pakistan and a Managing Partner of a partnership 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 ............Appellant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others............Respondents (In both the appeals Judgment ...... the time being "enemy" in terms of Rule 161 (b) of the Defence of Pakistan Rules and if so, whether they were as alien enemies precluded by section 83 of the Civil Procedure Code from taking any legal action in Pakistan Courts. It is to be remembered that the appellants sought to move the..Category: Property Law | Date: 7 May, 1976 | Hits: 55
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......r months from that date and was not time barred. He found flying of stamp on the award not a pre-requisite for the validity of the award, and so fixing of the stamp on 9-9-68 did not make the award illegal. He next hold that want of registration did not make the award invalid. He however held that t..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
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 ......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 ......; within the meaning of section 36(2)(b) of the said Act. He, however, submitted that section 6(e) of the General Clause Act is sufficient enough to show that any investigation or legal proceeding started under the Statute will not be affected by the subsequent repeal of the Stat..Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2
....Advocate for the petitioner referred to the provision of section 8B of the Act. His objections to the order of withdrawal are several. First, the government had no authority to withdraw any property from acquisition after the payment of compensation money. Secondly, there has been no gazet......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…………............. 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 aforesaid letter as his right as an allottee to evict ther..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....sed by a statutory body like the respondent No. 1, it should be exercised fairly and in accordance with the rules. We have been told that there are no rules regulating the manner of allotment of such property owned by the respondent No.1. In the absence of any such rules minimum fairness should be o......
Md. Shahabuddin ………………Petitioner
Vs.
Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Buildings, Dacca and 2 others……………Respondents
Judgment
August 28, ......nce in deciding the matter of allotment in favor of the respondent No. 3.
5. We are, therefore, of the view that the allotment in question has been made without any lawful authority and is of no legal effect. The respondent No. 1 is however free to invite fresh applications and allot the space ..
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 ......in: 27 DLR (HCD) (1975) 550 ......efore, declare that the impugned order dated 5.4.75 passed by the Special Tribunal directing the police to submit charge sheet against the petitioners has been made without lawful authority and is no legal effect. The Rule is accordingly made absolute. We, however make no order as to costs. ..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)
....e plaintiff that there was a breach, then simply because the plaintiff has not given sufficient evidence of damages and he has made one or two statements as regards some of his expenses, it is not proper to grant nominal damages. Their Lordships reversed the finding of nominal damages at Re. I/-......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...... had been awarded on correct principle upon the contentions raised before it in awarding compensation to the plaintiffs in the absence of any proof that they had suffered loss, and also as to the legality of taking into consideration the price prevailing on 19.8.55 as the basis of calculation, ..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
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. ......ury J. - This is an application for leave to appeal under clause 15 of the Letters Patent. It appears that the Second appeal out of which the present application arose was disposed of by me on 2.4.75 and the present application has been filed on 10.7.75. The earlier application filed on 8.7.75 was r......n the mind of the Judge. This is both desirable and expedient since it saves not only the time of the Court but also the litigants from unnecessary and avoidable expenses. It is true that there is no legal bar in applying for leave later but that does hot mean that the prayer can be made at any time..Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....by the other party. Under Election Rules, great sanctity is attached to ballot papers and connected documents. As soon as the counting of ballot papers is made by the Presiding Officer the papers are properly sealed and put into separate packets, in presence of the parties, which are then forwarded ......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 ...... 2. Mr. Moinul Huq, the learned Advocate appearing for the petitioner has seriously assailed the impugned order raising three contentions: (i) Appointment itself of the Pleader Commissioner is illegal, without jurisdiction and arbitrary since appointment of a Pleader Commissioner is not permitt..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....rk of the Income-tax Officer that because of the absence of the stock analysis and consequent impossibility to check and verification of the accounts, income, profits and gains of the assessee cannot properly be deduced therefrom. Thus it comes out that the authorities below have rightly reject......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......2. From this decision it appears that the learned Judge relying upon some decisions of High Courts and the Privy Council arrived at the following conclusion:- “From all these decisions the legal position appears to be well settled that the Income-tax Officer is not bound to rely on such e..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....resent case, that the application as made under section 151, Civil Procedure Code could not be thrown in limine on the ground of maintainability. The learned Munsif ought to have treated it as a proper application under section 151, Civil Procedure Code and heard and disposed of the same o......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......gainst this order of restoration which has been obtained, by plaintiffs-petitioners. 4. Mr. Md. Yahya, the learned Advocate for the petitioners, has contended that the learned Munsif has acted illegally and with material irregularity in the exercise of jurisdiction in allowing the petition of d..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....n election held on 30-12-73, it is not necessary to mention two other facts stated in the petition, particularly when the facts relating to centre No. III were considered by the Election Tribunal and proper findings were recorded by it on them, For, the Tribunal after considering the allegations reg......dings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as 'the Order' inasmuch as he found tha......Constitution the validity of an order dated 21-9-74. passed by the Election Tribunal, Patiya, Chittagong has been challenged on two grounds, namely, first, the Election Tribunal committed a serious illegality in declaring the entire election void when, as a matter of fact, he recorded findings regar..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....al by the respondent No. 3. 3. Mr. Shah Azizur Rahman, the Learned Advocate for the petitioner, submits that the Election Tribunal did not frame any issue for determining discussed the evidences properly. Moreover, by declaring the entire election of Vice-Chairman of the Union Parishad as void,...... Lutfur Rahman………………………………….Petitioner Vs. 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tribunal, Kurigram....the Respondents Judgment June 3, 1975. Resul......d not frame any issue for determining discussed the evidences properly. Moreover, by declaring the entire election of Vice-Chairman of the Union Parishad as void, the Election Tribunal committed an illegality and acted without jurisdiction. His point was very clear when he submitted that neither the..Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....led in support of this contention. This contention was raised for the first time in revision before the High Court and High Court was, therefore, justified in overruling this objection in abs once of proper materials.” 5. Mr. Mohammed Ali, the learned Advocate appearing for the Railway re..............Opposite parties Pakistan Eastern Railway Administration……………Petitioner Vs. Md. Mafizuddin, Clerk under Chief Superintendent, Watch and Ward, P.E. Railway………………..Opposite party Judgment...... was discharged from service by an order of the Chief traffic Manager, P.E. Railway on 21-4-53. Bacha Mia filed other Suit No. 146 of 1955 in the Court of the first Munsif, Chittagong Challenging the legality of the said order and the suit was dismissed. Then the petitioner preferred an appeal befor..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)
....t 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 even if the owner of the property is absent— ......nbsp; ......m, Assistant Attorney-General —For Respondent No. 1. Petition No. 691 of 1974 Judgment Fazle Munim J. — In this petition under Article 102 of the Constitution the legality of the Government order dated 14. 5. 74 regretting their inability to release M/S. M. Moin ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....ral Meeting. It is stated in the petition that this order of injunction was obtained on the ground; that the notice of the Annual General Meeting not being accompanied by the balance-sheet, was not a proper one. The order of injunction was issued on 21.12.73 but was served on the petitioner on 28.12......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 ......oard of Directors about the placing of the audited balance-sheet on 31-12-73 and then he has stated that he objected to this, decision and was not a party to it and the decision was ultra vires and illegal. The injunction that he obtained in the suit was on some valid lawful ground as well. The copy..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 ......sent: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents Judgment May 20, 1975. Bangladesh Uni......r & Returning Officer, Shariakandi for information and taking necessary action immediately. Sd. M. Matiur Rahman, Sub-Divisional Officer, Sadar, Bogra. The appropriateness and legality of this order has been challenged before us by the petitioner on the grounds, namely: ..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
....3 and the two professors of the College as P.W. 4 and P.W. 8 which have been relied upon for establishing the plaintiff's claim are contradictory as against each other and cannot, therefore, be a proper basis for the finding of the learned Subordinate Judge.
14. There is no denying the fact......;
......000/- has been allowed for the loss of the plaintiff's enjoyment of life, the total amount being a sum of Tk. 63,000/-.
The appeal has been filed against the said decree by the heirs and the legal representatives of Defendant No. 2 who died during the pendency of the suit.
9. Mr. S. R...
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
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