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M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)

....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. ......itled to successive renewals of settlement for farther period of years under such terms as may be offered to him and on payment Of such rent (being a fair rent) as may be assessed. It appears that in view of compliance of the requirement of mutation and acceptance of rent upto 1963, there could not ..

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

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

....aning of President's Order No.16 of 1972 by virtue of Article 2(1)(i) of the said Order and as such the learned Judges of the High Court Division erred in law in holding a contrary view due to an erroneous interpretation of Article 2(i) of President's Order No.1 of 1972 and that the learned ......e the Administrator for Dacca-Narayanganj Region and on 12th of Ja­nuary, 1972 he wrote a letter requesting the Respondent firm to produce documents before him by the 15th of January, 1972 with a view to examining them for taking appropriate ac­tion. A reply to the said letter was sent on th..

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

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   ......s been stated that the temporary post of Director, IPGMR is a non-practising post since its creation under Government Order No. Deve-1/P-20/69/284 dated 24-7-69 (Annexure I to the affi­davit). In view of the fact that the post of Director IPGMR is executive in nature with higher responsibilities..

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. ......y or under this Ordinance shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code, 1860." The contention is that the Mutawalli comes within the purview of the words "any other person" appointed or authorised by the Ad­ministrator to ..

Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147

Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)

....r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262.     ......ated 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 provident fund to which he has ..

Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3

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.   ......order shows that plaintiff is after making illegal gain by this highly speculative litigation. The suit was at first tried by Mr. M. Z. Bukht. The Subordinate Judge who dismissed the suit, taking the view that the suit was not maintainable. Then the plaintiff preferred an appeal before this Court wh..

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. ...... attached to such applications, the grant, use, transfer, sale or cancellation of such licences, and the form and man­ner in which and the periods within which appeals and applications for re­view or revision may be preferred and disposed of, and the charging of fees in respect of any such m..

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. ......sp;of the Cede of Criminal Procedure read with section 30 of the Special Powers Act, 1974. The appeal came up for hearing 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 Spe..

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. ...... we look at the definition to see who can raise a labour dispute we find that an individual Worker has no standing. It is the workers collectively who have standing to raise a labour dispute. In this view of the matter, the question whether Nurul Absar is a worker or not loses its 'importance be..

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)

....ationa­lity, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......e without disclosing any known source of living. The learned Judges also expressed doubt on the assertion of the appellants that their passports were renewed, by Pakistan Authorities. They took the view on a reference to Rule 161 (b) of Defence of Pakistan Rules 1965 and sec-section 83 of t..

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. ......67, in place of Mr. Alimullah Chowdhury as an umpire. The Respondent filed an objection against this petition dated 7-10-67 on 27-11-67 contending that the appointment of umpire was not called for in view of the appointment of Mr. Zainul Abedin Chowdhury as the sole Arbitrator and praying for cancel..

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. ......, 'Dilphane' was neither 'Cellophane' nor plastic nor any materials made of plastic or resins and it was different in chemical composition, raw materials and properties mentioned in the same item. In view of the contention raised by the learned Counsel the only point for our consideration in this ap..

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       ...... Mr. Moazzem Hossain their Lordships considered sections 36(2)(b) Special Powers Act, and section 6(e) of the General Clauses Act. In all the 3 cases the question as to whether in view of section 36(2)(b) of the Special Powers Act any other proceeding except 'pendin..

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 ......uld have proceeded differently. We are unable to entertain any objection regarding the validity of the acquisition proceedings. 10. In the above facts and circumstances of the case we are of the view that the impugned order dated 12.3.73 has been passed without lawful authority and is of no leg..

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       ......the facts are, they are sufficient to indicate that the respondent No.1 was not above influence 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 ef..

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.  ...... market price at Chittagong on due date at Rs. 76/6 annas. The market price was based on Ext. E, a receipt granted by defen­dants on 19.8.55 to a firm at Chittagong. The trial Court also took the view that since the difference in price was required to be cal­culated on the basis of the price p..

Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240

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   ...... the order of requisitions the Requiring body did not acquire any right to the property in question and has therefore, no locus standi to maintain the present petition. We are, therefore, of the view, that in making the impugned order the Revenue Secretary did not act without Jurisdiction and a..

Category: Property Law | Date: 30 Jul, 1975 | Hits: 3

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

....ling the appeal. 5. There appears to be an impression in the Bar that application for leave can be filed at any time because the application is a mere formality. To my mind, this is a completely erroneous impression. The discretion given to a Judge under Clause 15 of the Letters Patent is not j......arred. To entertain such an application would be to condone the willful laches and negligence of the petitioner and in the absence of any explanation. I have no reason to hold otherwise. In this view of the matter and for reasons stated above, I find that this application: is not maintainable a..

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    ......to reopen the ballot boxes and recount the ballot papers in presence of parties. Before doing so it must come to a finding by evidence on oath that this recounting is indispensably necessary. On this view we are supported by established judicial principles. The decisions in Stowe Vs. Jollife (1874),..

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   ......to take recourse of section 19 of the Income Tax Act and raise the rate of gross profit to 40 % for the assessment years 1956-57, 1957-58 and 1958-59". 9. A Division Bench after reviewing a number of decisions relevant to the point answered the question in the negative. The learn..

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