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M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
....uccessive renewal of settlement for further period of years and all rights of transfer, assignment, etc.; and that the lessee constructed buildings on the said land and when he had been ownership and possession thereof, died leaving 5 sons, who sold the land along with buildings for a consideration ...... 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 the land in holding No. 118, Segun Bagicha, P.S. Ramna, Dacca on cancellation of the lease and forfeitin......plication 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. ...... No. 32/53-54 and Khatian No. 13 was prepared in the name of the petitioner. The two storeyed building consists of 4 flats which had been let out by the petitioner to monthly tenants. The premises in question was requisitioned by an order dated 15-1-1972 made in Requisition Case No. 2168/1972 and th..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
.... communication to the respondent firm, the Dy. Secretary, Ministry of Shipping, Inland Water Transport and Aviation directed the respondent firm by a letter dated 23.10.1973 to hand over the physical possession of the assets of the respondent firm to Bangladesh Inland Water Transport corpo......llenged two orders—one Contained in a Notification dated 6.1.1972 issued by the Ministry of Communication and another dated 23.10.1973 made by the Deputy Secretary, Ministry of Shipping, Inland Water Transport and Aviation, Government of the People's Republic of Bangladesh. ......ssed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......constitution of the Management Board was completed in terms of the said Notification. The High Court Division found out that the decision to take over the control or management of the concern in question appears to have been taken by the Management Board. The High Court Division did not however..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....on that they are entitled to a certificate under Section 20(4) of the East Bengal State Acquisition and Tenancy Act, 1950 (hereinafter referred as to "the Act") enabling them to retain possession of land in excess of the limit specified in section 20 (2) is hit by section 2 of the Pre......re entitled to a certificate under Section 20(4) of the East Bengal State Acquisition and Tenancy Act, 1950 (hereinafter referred as to "the Act") enabling them to retain possession of land in excess of the limit specified in section 20 (2) is hit by section 2 of the President's O......sion are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......ion No.776 of 1973). Judgment Fazle Munim J. - This appeal is against the judgment and order of a Bench of the High Court Division passed in Civil Revision No.776 of 1973. 2. The only question involved in this appeal is whether the suit by the appellant for a declaration that they ar..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)
....olice therefore encircled them and on search P.W.1 Naik Mujibur Rahman recovered a revolver and a few cartridges and a cycle chain, material exts. 1, 2 and 3 and one five battery torch light from the possession of acquitted accused Sibu Chandra. P.W. 1 seized the articles in presence of witnesses So......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 ......any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405 ...... petitioner witness were not examined and no explanation was given for his non examination, presumption under section 114(g) of the Evidence Act is accessible here thus there raises a question of doubt in the prosecution and benefit of this defect would go to the appellant…&he..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 ......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 ...... 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12 ......of the Director IPGMR carrying a higher pay scale is not comparable to the post of Director of other aforementioned Institutes which are a grade lower in respect of both pay and status, the question of discriminatory treatment being meted out to the post of Director IPGMR as alleged by the..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ...... 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 knowledge and permission of the Administra......d and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
....ke delivery as the price demanded was very high. The plaintiff's officer helped the officers of the Civil Supply Department in representation of the inventory. The shop premises were all along in possession of the plaintiff. There is no ulterior motive of the defendant for taking recourse to the......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.
......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...........................he market price of the Lungies.
8. From the letter dated 28th September, 1945 Ext. 12 it will appear that the Sub-divisional Controller, Civil Supply, Chittagong, wrote to the plaintiff that the question of agreement by the plaintiff to any rate did not arise as the plaintiff did not produce an..
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. ......representations to the Government against the imposition of the price differential stating that the Government was not entitled to impose it. They also object to the method of calculation of the landed Cost and the price differential. Further, Government's attention was drawn to the fa...... allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ...... Pakistan, 1962 by the Dacca High Court on February 2, 1968 in Writ Petitions Nos.1, 7, 40, 47, 52, 61-63, 88-92, 147,148, 155, 235, 356, 375, 380, 381 and 435 of 1967. In all these appeal questions of facts and law are involved which will be disposed of by a single Judgment. 2. ..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. ......ub-Continent is concerned, this decision has been approved by the Supreme Court of India and the Supreme Court of Pakistan and different High courts. The case was taken before the Privy Council of England in the following circumstances. The Collector of Customs acting under an Act called Excise Tari......adud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......g before a Division Bench. At the hearing' of the appeal, in view of amendment of section 30 of the Special Powers Act made on July 29, 1974 by the Special Powers (Amendment) Act, 1974, question of its maintainability was raised., 5. On behalf of the State, it was contended that t..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. ......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. ...... involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ......uot;Nurul Absar as a unit representative was an officer of the Union. Upon these findings the appeal was dismissed. 5. The Company obtained leave from Supreme Court of Pakistan to consider three questions. First, Nurul Absar was only a unit representative, and not an executive member of the Uni..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)
.... 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 and directing the delivery of possession of those properties to the Tahshilder of the Government Acquired Estate, Bhairab. The ......ther in the Defence of Pakistan Rules or the Civil Procedure Code. The expression however has now acquired a legal connotation. Its authoritative exposition is to be found in Halsbury's Laws of England, The exposition has been cited an authority in several well recognised decisions. We, therefor......se is also Reported In: 28 DLR (AD) (1976) 133. ......roperties to the Tahshilder of the Government Acquired Estate, Bhairab. The appellant then through his attorney filed Writ Petition No. 205 of 1966 in the High Court of East Pakistan, calling in question the validity of the said notice. A Division Bench dismissed the writ petition as non-maint..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....g to the terms and conditions laid down therein and directed that the arbitrator should prepare a written award along with a sketch map delineating plots 573 and 579 according to demarcation and possession. In the event of a party disagreeing with the award, of the Arbitrator, the matter was to...... an agreement, what is necessary, is, that the offence has expressed its acceptance and no writing is necessary. It maybe oral or inferred from the conduct of the parties in Halsbury's Laws of England, 3rd Edition, Vol. 2 page 4 it has been so observed in paragraph 6, that the agreement nee...... of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ...... the contentions raised in the leave petition. Mr. Khandkar Mahbubuddin Ahmed, learned Counsel for the Respondent, has opposed those submissions and has submitted that the leave order was on the sole question as set out above. Mr. M.H. Khandker has filed a formal application praying leave to pr..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
.... 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.
......
"Cellophane, a thin film of regenerated cellulose, usually clear and transparent, used primarily as a flexible packaging material. While the word "Cellophane" is a trade mark in England, France, Canada and many other countries, in the United States it became, by court decision......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 ......xpeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561 ......in, learned Advocate appearing on behalf of the State submitted that the Saving Clause, i.e. Section 36(2)(b) of the Special Powers Act does not specifically include cases like the proceeding in question, such proceedings have been saved and kept alive by section 6(e) of the General C..Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2
....der Notification No.737-Reqn., dated 30. 6. 70 provided the Waqf Estate is agreed to accept the following terms and conditions:-
(1) That the Waqf Estate shall not claim restoration and physical possession of the land after withdrawal.
(2) That the waqf Estate shall have to accept the exis......;For Respondent No. 2.
Writ Petition No. 573 of 1974.
Judgment
Fazle Munim J. — This Rule was directed against an order dated 12. 3. 73 passed by the government by which the lands in question; were withdrawn from acquisition under section 8B of the Emergency Requi......er make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
......shy;pondent No. 2.
Writ Petition No. 573 of 1974.
Judgment
Fazle Munim J. — This Rule was directed against an order dated 12. 3. 73 passed by the government by which the lands in question; were withdrawn from acquisition under section 8B of the Emergency Requisition of..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....ustification against the allotment of more shops than one to some person.
2. From the facts stated in the petition and the affidavit-in-opposition it becomes clear that the petitioner who was in possession of the space in question for some years and who was both applying and hoping for settleme......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
......
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
......ettling the matter.
Sd/- Illegible.
Asstt. Estate Officer(S)
Dacca Improvement Trust.
16. 4. 74.
From this notice the petitioner came to learn that the space in question had already been allotted to respondent No. 3. In the affidavit-in-opposition the responden..
Category: Administrative Law | Date: 28 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. ...... This Case is also Reported in: 28 DLR (AD) (1978) 76. ...... the breach of contract on his part. A breach occurs where a party repudiates or fails to perform one or more obligations imposed upon him by the contract. Once liability arises, then comes the question, of measure of damages as contemplated in the section. In estimating the measure of damage..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
....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
......ting aside the order of requisition of the property in dispute dated 15-8-68 should not be declared to have been passed without lawful authority. The property in dispute which stands on two bighas of land with building thereon was requisitioned under section 3 of the East Bengal Emergency ...... any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
......inuing between the parties for purchase of the property by the petitioner. In order to defeat or frustrate such negotiations the petitioner prevailed upon the authority to requisition the property in question. The learned Advocate finally submitted that the petitioner has no locus-standi to present ..
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. ......;This Case is also Reported in: 27 DLR (HCD) (1975) 655. ...... 2. Mr. Moinul Huq, the learned Advocate appearing on behalf of the petitioner has submitted that the only point for consideration before the Court is whether to grant leave or not and that the question of limitation is to be decided by the Division Bench considering the appeal, if leave is gr..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 ......housand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594 ...... report, the petitioner's win was reduced to defeat. Determination of such a material point cannot be left to a Pleader Commissioner. Determination of the validity of the ballot papers is a mixed question of law and fact and such a question shall not be delegated to the Pleader Commissioner as h..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
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