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Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)

....since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ...... the same judgment. The learned Subordinate Judge reversed the decision of the trial court being of the view that Abdul Hashim has a preferential right being a co-sharer and that he was authorized in law to make an independent application under section 96(1) of the Act and that the said ap..

Category: Property Law | Date: 7 Jun, 1977 | Hits: 5

Amin Jute Mills Ltd Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others, 1977, 6 CLC (HCD)

....bservations made above. There will be no order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in:  30 DLR (HCD) (1978) 341.   ......t and the connec­ted Demand Notices on the ground that certain deduction to which he was legally entitled were not nude by the respondents and that there was of contravention of any provisions of law such as section 12 of the Ordinance but it was mere omission under bona fide belief that the all..

Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3

Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)

....hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......vant legally competent, as public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart. Shall be punished with simple imprisonment for a term which may exten..

Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1

M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)

....d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......en given by the Income Tax Officer for imposing the new accounting year. Such forced accounting year was illegal and the case was remanded to the Income Tax Officer to deal with the case according to law. The appel­lant preferred an appeal to the Tribunal agai­nst the said appellate order an..

Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157

Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another

....re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331.   ...... kind of a tribunals may have been constituted under a special legislation for discharging some specified function, because such a body may have the trappings of a Court, but it not really a court of law which a Civil Court is. We have noticed that by virtue of clause (2) of section 36 of ..

Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2

M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)

....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:    ......nt and the  Order of the High Court of Bangladesh, dated the 3rd July, 1972 in Appeal from Original Order No. 19 of 1970.) Judgment Kemaluddin Hossain J. — The short point of law involved in this appeal is whether the judgment of the Supreme Court of Pakistan pronounced on ..

Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320

Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)

....ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344.   ......io, To hold otherwise would amount to granting him a power of review which power he does not possess under the Criminal Procedure Code. We are in respectful agreement with the aforesaid principles of law laid down by their Lordships. In the facts and circumstances, we find that although it was filed..

Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1

Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)

....ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149.         ......quot;. Plaintiff-respondent No. 2 claims a sum of Rs. 73,311/- by way of compensation for the total loss of "M.L. Jalamoni". Plaintiff-respondent No.1 served a legal notice through his lawyer on or about 21-8-64 to the defendant calling upon him to pay Rs. 65,000/- being the minimum v..

Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4

Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)

....circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417.     ...... The applicants contested the claim of the transferee and contended that the transferee was not the owner of land contiguous to the land transferred and that this application is not maintainable in law and is barred by limitation. 4. The learned Munsif rejected the claim of the transferee hol..

Category: Property Law | Date: 8 Mar, 1977 | Hits: 3

Pakistan River Steamers Ltd. Vs. Commissioner of Income-tax, Dacca Zone and another, 1977, 6 CLC (AD)

.... writ under the Constitution was not maintain­able. The result, therefore, is that the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 260. ...... the following words: "There can be no doubt that, if an, appeal is provided against an order passed by a tribunal, the decision of the appel­late authority is the operative decision in law, if the appellate authority modifies and revises or reverses the decision of the tribunal. It is..

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)

.... the Parliament by way of re-enactment of the Public' Servants (Retirement Ordinance 1973 (Ordinance XXVI of 1973). It is not disputed that the Act was passed with the object of consolidating and amending the law relating to the retirement of public servants and for providing matters connected t......d without complying with the provisions of Article 135, it is liable to be quashed. The petitioner further contends that the impugned order having the effect of retrospective operation is bad in law. The petitioner also contends that it is not warranted by the law, as the order of retirement be..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1

Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....ed by the Parliament by way of reenactment of the Public Servants (Retirement) Ordinance 1973 (Ordinance XXVI of 1973). It is not disputed that the Act was passed with the object of consolidating and amending the law relay for providing makers connected therewith, in exercise of the power of the Par......h Public Servant's (Retirement) Act, 1974; Section 9 (2) Parliament is to regulate 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 ..

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)

....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. ...... petitioner's tenants were asked to vacate possession of the building and to make over possession of the same to the S. A. Kanongo on 25-9-1973 at 2 P.M. failing which action will be taken as per law without any further notice. Thereupon the petitioner submitted a petition to the Govt. praying f..

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

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

....awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......dent's Order No.28 of 1972 and as such the impugned order dated 23-10-73 purporting to interfere with the possession and management of the firm in respect of its assets and properties was without lawful authority and was of no legal effect. 4. The High Court Division on examina­tion of..

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

M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)

....Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......sions of the President's Order No.90 of 1972. Before proceeding fur­ther the relevant provisions of this enactment may be quoted: "2. Notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order, all suits, appeals, applications..

Category: Property Law | Date: 20 Jan, 1977 | Hits: 62

Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)

....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   ......pellant to 7 years rigorous imprisonment and a fine of Tk. 500/- in default R. I. for 6 months . 2. The prosecution case, in short, is that on 27.2.73 on receipt of secret information police and law enforcing agencies watched the movement of the accused and another, and at about 4-30 P.M. in Sa..

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   ......eve him of his duties and desgination of Professor of Medicine of the said IPGMR and to reiterate that the post of Dirctor is a non-practising one should not be declared to have been made without any lawful authority and of no legal effect. 2. Dr. Nurul Islam, an eminent physician of the countr..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5

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.     ......) (XII). This order dated 7.7. 59 was in violation of the mandatory provisions of the last two paragraphs of clause 21(B) of the Standing Rules and orders and as such the same has been passed without lawful authority. 11. But, the defendant company cannot be forced to reinstate the plaintiff si..

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.   ......945 when there was great demand for them. But for impediments created by the plaintiff the ready stock of the second requisition order of the 26th September could not have been disposed of. The Govt. lawfully determined the account of compensation payable to the owner of the requisitioned properties..

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)

....make this point clear reference was made to the case of Wijesuhiya Vs. Amit, (1965) 3 All England Report 701. The question arose as to the retrospective operation of cer­tain provision in the Act amending an earlier Ordinance, namely, Heavy Oil Motor Vehicles Taxation Ordinance, 1935. 64. &......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. The respondents in tho..

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