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Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....12. The Special Powers Act 1974 (Act XIV of 1974) was [amended by the] Special Powers (Amendment) Act, 1974 (Act LIX of 1974) hereinafter respectively referred to as "the Act" and "the amending Act". The amending Act received assent of the President on July 20, 1974. Preamble of ...... Act, 1974, question of its maintainability was raised., 5. On behalf of the State, it was contended that the appeal is not maintainable in this Court for the reasons-(1) Ordinarily amendment in law is prospective excepting that relating to procedure, and change of forum of appeal being a matte..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. ...... before the Supreme Court of Pakistan at the time of praying for leave that he was a unit representative. The findings of the Court below are there to that effect. Before dealing with the question of law, we must observe that the finding of the High Court is that Nurul Absar was a unit representativ..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. ......n. It is further to be remembered that Defence of Pakistan Ordinance and Rules framed thereunder have provided that the provisions of the Ordinance and the Rules shall prevail over all other law in force in Pakistan and any law inconsistent with or contrary to them shall b..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. ...... was submitted on 3-4-68 to the Additional Deputy Commissioner, who on consultation with the local Government Pleader, returned the award to Mr. Z. A. Chowdhury asking him to take action according to law. The award was then filed in Court on 10-9-68 by the Arbitrator, Mr. Z. A. Chowdhury. ..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
....
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
......e, amply protected his right by imposing those conditions on the respondent No. 6. In addition to what has already been said above it may be mentioned that such terms and conditions are in the eye of law ineffective because the Govt. had no authority under the provisions' of section 8B ..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....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
......hibiting the allotment of more than one shop to a person or in the name of his or her spouse or children. It was admitted that the petitioner was an unauthorized occupant liable to eviction under the law. Though it was at same time deemed mat it is not the petitioner but the Civil Defense authority ..
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 ......ce cannot be bound by any direction from the Special Tribunal to submit either a final report or a charge sheet. We therefore think that the impugned order is not in accordance with the provisions of law as are contained in sub-section (7) of section 27 of the Special Powers Act, 1974. ..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)
....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. ...... a breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract must be taken into account." 7. The section declares the law of damages arising from breach of contract. Regarding section 73, the Privy Council in Jamal Vs..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
...... the order dated 2-8-69 passed by the Secretary, Revenue Department, setting 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 w..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
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 ...... three contentions: (i) Appointment itself of the Pleader Commissioner is illegal, without jurisdiction and arbitrary since appointment of a Pleader Commissioner is not permitted by the Election law or any other relevant law; (ii) The report of the Pleader Commissioner is in excess of the ..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 ......s amended by the Finance Order, 1972. And In the of: Application No. 39 of 1973 ) Judgment Ruhul Islam J. — By this application the assessee-applicant prays for deciding a question of law arising out of the order dated the 21st July, 1973 passed by the Income Tax Appellate Tribunal, ..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
.... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ...... of the pleader, who is an old man, wrongly gave him 20. 6. 67 as the date of hearing of Misc. Case No.21 of 1967 although the actual date was fixed on 10. 6. 67 and it was due to this mistake of the lawyer's clerk the defendant did not come and hence the Misc. Case was dismissed for default. Th..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ......ed by the Election Tribunal, Kurigram Rangpur in Election Tribunal case No.19, 74, declaring the election of Vice-Chairman of Thanahat Union Parishad, Kurigram, Rangpur, avoid as being passed without lawful authority. 2. The facts are:-The petitioner who had contested for the post of Vice-Chair..Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ...... And Civil Revision No. 811 of 1961 Judgment A. S. Faizul Islam Chowdhury J.— Civil Revision Nos. 1423 of 1970 and 811 of 1968 have been heard together, as similar question of law is involved in both the cases, and the same judgment is being delivered which shall govern both ..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)
....is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ...... known or the presumption of his death can be drawn, the properties must be treated as abandoned property within the meaning of this Article. We cannot take an impossible and unreasonable view of the law laid down in Article 2. The owner may be absent or his whereabouts may not be known but if his f..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
....ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ......entire evidence of such witness should be excluded from consideration or it should go to the benefit of the accused. We are unable to accept such a broad proposition. 9. There is no principle of law requiring that the evidence of a witness who has made contradictory statements in his examinatio..Category: Arms Law | Date: 2 May, 1975 | Hits: 2
.... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
......nt of Exchequer Chamber as delivered by Blackburn J, has come to be recognized as the classical exposition of the doctrine, which is to the following effect:
"We think that the true rule of law is that the person who, for his own purposes, brings on his lands and collects keeps there anyth..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
...... the Society comprises of persons actually employed in the industrial unit concerned and they constitute not less than 80% of the total employees of the same industrial unit together with a copy of bylaws of the Society. Assets to be sold will be valued at the current market price and the Co-operati..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....esult, the Rule is 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) 611 ......per constitution, he ought not to have proceeded to decide the matter. Both these reasons compel us to hold that the objection as to the constitution of the Arbitration Court is sustainable under the law. Since we have decided that the Arbitration Court itself, was not properly constituted, it follo..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....others reported in 14 D.L.R. (S.C.) 151 same case PLD. 1961. (SC) 573 in regard to the absence of a notification as contemplated in section 2 of the aforesaid Act was removed by Pakistan by amending the said Act by enacting Ordinance 53 of 1962. The present Rules have been obtained by......ing that the suits are maintainable. The learned Subordinate Judge has decided the question on the view that the Arbitration (Protocol and Convention) Act, 1937 has been continued in force as a valid law in the country and whatever defect had been found by the Supreme Court of Pakistan in the case o..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
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