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Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......ted the rent with the House Rent Controller on November 18, 1973 and has been regularly depositing rent. The trial Court decreed the suit on February 14, 1975 on the ground of default and on the question of bona fide requirement its finding was that it was concocted for the purposes of suit. ......enth month after the appellant entered the premises, when fifty percent rent for seventeen months which was paid in advance was still lying in deposit with the respondents. 3. In addition to the facts stated above, the written statement filed by the appellant showed that the appellant invested ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
......
Khalilur Rahman—For the Respondents Nos.1 and 2.
Writ petition No. 957 of 1974.
Judgment
Shahabuddin Ahmed J.-This Rule under Article 102 of the Constitution calls in question an order dated 20.7.74 (Annexure C) of respondent No.1, the General Manager, Khulna Shipyar......sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
....ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......tion under Article 102 of the Constitution of the People's Republic of Bangladesh.
Judgment
Shahabuddin J.— This rule under Article 102 of the Constitution calls in question an order dated 7.5.73 of the Additional Custodian of Enemy Properly (L & B), Dacca, con......ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
..
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....o be made and report submitted by a police officer not below the rank of Sub- Inspector. This provision as contained in sub-section (1) in the matter of taking cognizance of an offence is, so to say, identical with section 190(1) (b) of the Code of Criminal Procedure with the only variatio...... alleged removal of wheat was not possible and as such the Investigating Officer did not act properly in not submitting charge-sheet at least against these two persons. For proper appreciation of the question relevant portion of the impugned order is quoted below: “Member Ismail Miah was ......cate appearing for the petitioner strenuously argued in support of the above contention that the Special Tribunal acted illegally in taking cognizance against the petitioner and submitted that in the facts and circumstances of the case the Special Tribunal could have exercised its power as provided ..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......oods are free of the vessel's tackle and thereupon the goods shall be at the risk for all purposes and in every respect of shippers or consignee." The learned Counsel mentioned that the question raised in this appeal is now covered by a decision of the Supreme Court of Pakistan namely,......is now covered by a decision of the Supreme Court of Pakistan namely, East and West Steamship Company Vs. Husain Brothers (1967) 19 DLR (SC) 530=PLD 1968 SC 15. 9. In that case though the agreed facts were that there was no damage caused to the goods either during the time they were in the ship..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ......nuddin by the sister of Imaruddin and widow of Kasimuddin who had also executed the patta on behalf on her two minor sons i.e. the present contesting defendant No.1 and 6. With regard to the patta in question both the Courts below came to a concurrent finding that by dint of the said patta the right......tance of the minors on their attainment of majority and these decisions do not relate to a case where actions were taken against the minors as such. Thus, the said decisions are not applicable in the facts of this case. So far as a Division Bench Judgment by A. Sattar and M. R. Khan, JJ. of the Supr..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
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. ......pre-emption cases arose out of the same transfer dated 20.1.69. The pre-emptor in Misc. Case No. 4 of 69 came to court first. He was followed by the pre-emptor in the other case. The treatment of the questions raised in the appeals before the learned Subordinate Judge appears to cover both the appea......oth the appeals. Mr. Rafiqul Islam has strenuously urged that the learned Subordinate Judge acted with material irregularity in the exercise of jurisdiction in not applying his mind in respect of the facts of Misc. Case No. 61 of 1969 and allowed the same on the failure of Misc. Case No. 4 of 1969. ..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
....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.
......eral—For the Respondents.
Writ Petition No. 149 of 1971.
Judgment
Shahabuddin Ahmed J.—This Rule issued on an application under Article 98 of the late Constitution calls in question an order in appeal dated 17.3.71 of respondent No. 2 the Government the then Pakistan ......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.
..
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. ......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. ......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. ..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. ......er section 23(2) and 22(4) of the Act were not required in the present case and the assessment made was not beyond the period of limitation. 6. The Appellate Tribunal having refused to refer any question to the High Court under section 66(1) of the Act, the High Court was moved under section 66...... Court was moved under section 66(2) of the Act and the following question of law was referred to the High Court pursuant to the High Court's order dated 18-8-65:— "Whether in the facts and circumstances of the Case assessment was barred by law of limitation." The High ..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. ......tice for the petitioner was actually posted by anybody. 3. Before we take up the above noted points for consideration it appears that it would be pertinent to take up for consideration the basic question involved in this case, namely, whether the Labor Court is a Civil Court within the meaning ......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. ..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
....
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
......the employee's conduct has been such as to demand an enquiry, from the discharge of his function until the enquiry has been completed. This power of an employer to suspend an employee can only be questioned in exceptional circumstances.
Where the authority empowered to suspend does not appl......
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
..
Category: Corporate Law | Date: 11 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: ......ort point of law involved in this appeal is whether the judgment of the Supreme Court of Pakistan pronounced on 6th October, 1971 during the Court of Liberation War is a valid decision. 2. The question arises from an order of the High Court of Bangladesh, passed on appeal from an order of re......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: ..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. ......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. ......agistrate, 1st class, for disposal. On 11-6-73 the complainant-opposite party filed a petition of complaint before the Sub-divisional Magistrate against the discharged accused-petitioners on the same facts and the learned Sub-divisional Magistrate after examining the complainant under section 2..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. ......y for the accident. 10. In Appeal No.12 of 1967 by the defendant, Syed Azizul Haque, the learned Advocate appearing for the appellant in assailing the judgement under appeal raises the following questions for our consideration :- 1. The findings of fact arrived at by the learned Judge cann......ndant challenged the jurisdiction of the Court to entertain the Admiralty suit on the ground that it does not extend to the inland Waterways of the river Meghna. The defendant denied the statement of facts made in the plaint and stated, inter alia, that the vessel "M.L. Madina" was in the ..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. ......esent Rule. Mr. Md. Abdul Haque, the learned Advocate, appeared in support of the Rule and Mr. M. Behter Ali appeared on behalf of the opposite party. Since the matter involved an important question of law Mr. M H. Khondkar, the learned Advocate, was requested to assist this Court on the p......ers passed by the Courts below are hereby set aside and the case is sent back to the learned Music for deciding the same In accordance with law and in the light of the observations made above. In the facts and circumstances of the case I make no order as to costs. Let the records for the sent down e..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
.... 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.
...... for the assessment year 1949-50, and that through mistake apparent from the record the loan accrued in India in earlier years was set off against the Pakistani income for the assessment year in question while giving effect to the appellate order. By the said order of rectification he reduced t......not controvert the doctrine of merger superseding an order of an inferior Tribunal by an order of a superior one nude by way of appeal or revision but lays down that such merger is dependent upon the facts and circumstances of each case.
8. The Supreme Court of India appears to have laid 'd..
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)
....he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ......dvocate and very carefully examined the relevant provisions of the Act XII of 1974 and the constitution. Decision in this case as it appears to us mainly depends on the consideration of the following questions:- (1) Whether section 9(2) of Act XII of 1974 is violative of the protectio...... proceedings but to retire him compulsorily by exercising the power as contained in the service Regulations. It was argued on behalf of the appellant (petitioner) before the Supreme Court that in the facts and circumstances of the order of compulsory retirement amounted to removal within the meaning..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ......vocates and very carefully examined the relevant provisions of the Act XII of 1974 and the Constitution. Decision in this case as it appears to us mainly depends on the consideration of the following questions:- (1) Whether section 9(2) of Act XII of 1974 is violative of the protectio......tal proceedings but to retire him compulsorily by exercising the power as contained in the service regulations. It was argued on behalf of the appellant (petitioner) before the Supreme Court that the facts and circumstances of the order of compulsory retirement amounted to removal within the meaning..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. ...... 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......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. ..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
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