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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. ......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......rol of the Government under any law for the time being in force." The High Court Division has on a careful consideration of the provisions of Article 2 of P.O 16 of 1972 as well as the facts stated in the affidavits filed in connection with the Writ petition found that the respondent ..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. ......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......ppellant failed to obtain the necessary certificate under the aforesaid section they instituted the suit for declaration that they were entitled to such a certificate. If on considering the facts alleged by the appellant the Court feels satisfied that the order of refusal to grant cer..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 ...... 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......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 ..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 ......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......Professor of Medicine in collusion with the then Chief Secretary to the Government of East Pakistan who hails from the same district as that of the petitioner. The petitioner has alleged various facts in Paragraphs 13-16 of the petition to show the malice of the respondent No. 2 towards Him and..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. ......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. ......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. ..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
....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.
......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......rts of harassment. On one occasion in the month of July, 1944 the plaintiff was ordered not to dispose of its stock of cloths until further order. However, subsequently, on representation of the full facts before the District Magistrate Mr. M.M. Stuart I.C.S, he become convinced that the order was u..
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. ...... 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. ......62 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. The responde..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. ......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......at right in existence at the passing of the statute are not to be applied retrospectively in the absence of express enactment or necessary intendment.” 31. In the context of the particular facts of the case his Lordship further observed as follows:- “Their Lordship can have no ..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. ......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......ision Bench of the Dacca High Court in First Miscellaneous Appeal No. 131 of 1968 dismissing the appeal filed by the appellant sustaining the order of the Second Labour Court, Chittagong. 2. The facts are, that the Appellant, a company holding tea estate in the Chittagong district, employed Nur..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. ......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......and produced his passport. This is a Pakistan passport, and it was claimed to be duly renewed from time to time. 3. Monoranjan Saha is the appellant of Civil Appeal No. 62-D of 1970. The facts of this case are quite similar to the facts of Civil Appeal No. 61-D of 1970. He moved throu..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. ...... 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......nt need not be in writing and may be inferred from the conduct or by act of performance is illustrated in two English decisions. In Carlill Vs. Carbolic Smoke Ball Company 1893, 1 Q. B. 256, the facts are that the defendants, the proprietors of a medical preparation called “The Carboli Sm..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
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 ......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......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 ..Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2
....
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
......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......ing the acquisition of the land in question be should 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 bee..
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
......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......at she got business in her own name as she inherited vast fortune from her paternal side. She also found no justification 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 wh..
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 ......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 ......the constitution the validity of an order dated 5.4.75 passed by the Special Tribunal No. 1 Sylhet directing the police to submit charge sheet against the petitioners has been challenged. 2. The facts of this case show that an F. I. R. was filed against 20 persons including the petitioners on w..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. ...... 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...... various ways : the injured party may suffer loss in his capital or in profit, or in both. These are illustrative and not exhaustive, because loss may occur in various other ways depending upon the facts, circumstances and the nature of each transaction. The governing ideals that the party in b..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
......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 ......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
..
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. ...... 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......ant further time. No time limit is however prescribed for filing application for leave to appeal. Normally, a prayer for leave is made orally and immediately after the judgment is delivered. When the facts of the case and the points involved are still fresh in the mind of the Judge. This is both des..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 ...... 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......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 ..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 ......p;….....Applicant Vs. Commissioner of Income Tax……………………...Respondent Judgment, July 7, 1975. Result: The question submitted answered in the negative. Cases Referred To- Ata Hussain Khan Vs. C.I.T......sed by the Income Tax Appellate Tribunal, Dacca Branch, Dacca, as set out in paragraph 10 of the application. The question of law has been formulated in manner as follows:- “Whether in the facts and circumstances of the case the Tribunal was justified in upholding the rejection of account..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
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