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Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....ch may extend to one month, or with fine which may extend to five hundred rupees, or with both: Or, if the summons, notice, order or proclamation is to attend in person or by agent in a court of justice, with simple imprisonment for a term which may extend to one thousand rupees, or with both.&...... a peon of the office of the Nazarat Deputy Collector, Barisal came to the petitioner in the office of his business firm and asked him to set the Nazarat Deputy Collector immediately. The petitioner; accordingly went to him but was rebuked by the said officer who asked his staff to take the petition.......—This rule arises out of an application for quashing the proceedings in C.R. case No. 98 of 1976 pending in the court of Sub-divisional Magistrate, Sadar, South, Barisal. 2. Facts leading to this rule, in brief, are that the petitioner was the proprietor of a firm named, M/s. Bangladesh ......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)
....sential requirement for the purpose of assessment of an assesse's income. This provision of notice having been enacted for general interest in keeping with the principle of natural justice cannot be taken to be merely directory. It is a mandatory provision. As we have noticed earl......son having been 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 appel......;…................Appellant Vs. The Commissioner of Income Tax Dacca Zone....Respondent Judgment April 19, 1977. Result: The appeal is allowed. Case Referred to- Radha Shyam Agarwala (1960) 12 DLR (SC) 25. Lawyers Involved: Rafiq-ul-Huq, Senio......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. ......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. ......lip;Petitioner Vs. Chairman, Labour Court, Khulna and another……………….Respondents Judgment April 12, 1977. Result: Cases Referred to- M/s. M.M. Ispahani Vs. Chairman, Second Labor Court and another, (1967) 19 DLR 612; Banglad...... 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
.....74 as he was asked for and requested the Corporation to exonerate him from any offence that he might have committed. After waiting for sometime the petitioner's learned Advocate sent a demand of justice notice to the respondents on 17.3.74 by a telegram requesting withdrawal" of the order ......
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
.......Petitioner
Vs.
Bangladesh Jute Industries Corporation represented by its Chairman........Respondents
Judgment
April 11, 1977.
Result:
The Rule is discharged.
Power to suspend employee employer-
The order of suspension by the Corporation against the employee d......application the petitioner has challenged the order dated 8.2.74 of the Secretary, Bangladesh Jute Industries Corporation suspending the petitioner from his service as to have been passed without any lawful authority and is of no legal effect.
2. The petitioner's case is that he worked for ..
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: ......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: ......ed by A. S. M. Shamsuzzaman, Advocate-on-Record- For the Appellant. Ismailuddin Sarkar, Advocate instructed by Abu Backkar, Advocate-on-Record- For the Respondent. K.A. Bakar, Attorney General with A. W Bhuiyan, Assistant General, instructed by A. Rab, Advocate-on-Record under......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. ......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. ......llip;..Petitioners Vs. M. Baharuddin Chowdhury and the State.............Opposite Parties Judgment March 9, 1977. Result: The rule is made absolute. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another (1962) 14 DLR (SC) 96 Lawyers Invol......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. ......w minutes. 18. From the evidence we also find that "M.L. Madina" in violation of the Navigation Rules was attempting to enter the river Dakatia by the right side of the river, although according to the Navigation Rules it was required to enter the river Dakatia by the left side and no...... by virtue of letter of abandonment executed in favor of the insurer by the said owner and the Industrial Development Bank of Pakistan, the mortgagee upon full settlement of the loss, became entitled to the said vessel and the rights of the owners and the mortgagee in respect of the said vessel. The......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)
.... the necessity of repeating the words including the transferee in the second category; (2) the aforesaid, maxim is not an absolute rule of interpretation and it cannot be applied when It works injustice or produces absurd result or when the omission is the result of inadvertence or accident. In......land under pre-emption. The same was sold by the opposite party No. 5 of that proceeding to opposite party No.1, the petitioner before this Court on 5-6-1965 for Rs. 2,000/-. The opposite party No.1, according to the appellant, was neither a cosharer nor a contiguous land owner but was a stranger pu......1st Court, Kushtia, in Miscellaneous Case No.234 of 1966 and arises out of a proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act. 2. The case of the pre-emptors in Miscellaneous Case No.234 of 1966 was that they were owner of the land contiguous to the lan...... 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
.... 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.
...... 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.
......pellant
Vs.
Commissioner of Income-tax, Dacca Zone and another……...Respondents
Judgment
March 4, 1977.
Result:
The appeal is dismissed.
Cases Referred to-
Late Rajeswar Prasad Vs. Income-tax Officer (1959) 36 I.T.R. 492; Karsandes Bhagwan Das Fat...... 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)
....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 ......id in law. We take it, on the assurance of the learned Deputy Attorney General, that the order would be suitably amended by the authority concerned, to make the order consistent with the action taken according to section 9(2) of the Act, with this observation the rule is discharged without......t of the People's Republic of Bangladesh and others…………..Respondents Judgment February 9, 1977. Result: The rule is discharged. Cases Referred to- Shyamlal Vs. State of Uttar Pradesh and another A.J.R. 1954 S.C. 369.; Parshotam Lal Dhingr......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)
....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. ......n law. We take it on the assurance of the learned Deputy Attorney-General, that the order would be suitably amended by the authority concerned, to make the order consistent with the action taken according to section 9(2) of the Act. With this observation the rule is discharged without..........Respondents Judgment February 9, 1977. Result: The rule is discharged. Bangladesh 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 powe......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. ......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. ......lam CJ.– In this application the petitioner has made the grievance that about the legality of the Order dated 22nd September, 1973 passed by the Additional Deputy Commissioner, Dacca purporting to resume the land in holding No. 118, Segun Bagicha, P.S. Ramna, Dacca on cancellation of the lease...... 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. ......ngladesh and that the remaining partner namely, K.P. Mahmud had been stranded in Pakistan, still the present Respondents 1 and 2 were asked to produce certain documents. The documents were, accordingly produced on 17.1.72. The respondents wrote another letter stating that the Registrar of ......lip;………………………..…Respondents Judgment January 27, 1977. Result: This appeal is dismissed. Cases Referred to- M/s. Khan Bros. (1975) 27 DLR 423; M/s. Helal Jute Press Ltd. (1975) 27 DLR 551; Govt. of B......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. ......nts submitted that the suit instituted by the appellant had, in effect, challenged the acquisition of rent receiving interests by the Government under the provisions of the aforesaid Act. Since, according to him, after the notifications of acquisition of non-retainable khas lands, any applicati......owed. Lawyers Involved: Md. Fazlul Karim with S.S. Haldar and A.Y. Musiuzzaman, Advocates instructed by B.C. Pandey, Advocate-on-Record-For the Appellant. Sultan Hossain Khan, Deputy Attorney General with Md. Ismailuddin Sarkar and B.B. Roy Chowdhury, Assistant Attorney General, instr......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 ......any seizure list at all. P. W. 8 stated that on 28. 2. 73 he was at Gournadi and he received the written complaint of Naik Mujibar Rahman and the Naik produced before him the seized articles. He accordingly prepared the seizure list ext. 2. P.W. 9 stated that he investigated the case and s......s 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………(5) Lawyers Involved: A. B. M. Knairul Hoque Advoc......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 ......temporary non-practising post of Director for IPGMR on a higher scale of pay of Tk. 1800-100-2200/- plus special pay of Tk. 250% in lieu of the existing post of Director and Professor of Medicine and accordingly the new post was created as aforesaid. 10. It has been further stated in the affida......ioner Vs. Bangladesh & others ……………..Respondents Judgment December 6, 1976. Result: The rule is made absolute. Case Referred to- The State of Jammu and Kashmir Vs. Triloki Nath Khosa and others, AIR 1174 SC1; State of As......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. ......e is taken from the Company from time to time. (ii) In case of any serious disease, however, unless the employee concerned is invalidated the period of six months will not be strictly applicable according to circumstances of each case, and extension of leave beyond six months will be considered...... the service of the plaintiff, a shop employee of the Bata Shoe Company was in violation of the provision of the Standing Rules and Orders of Shop Employees of the said Company and further for a mandatory injunction for reinstatement with effect from 7. 7. 59. 2. Facts giving rise to the case are. A......) (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
....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.
......Mohan Shaha and some others; but all the criminal cases failed. On 16-7-45 the retail license of the plaintiff was cancelled and the plaintiff was directed to make over the license and stock of cloth according of the direction of the Sub-Divisional Controller, Civil Supply, Chittagong. Mr. K. C. Gho......ing in the then Province of Bengal in different capacities.
2. The case of the plaintiffs in brief was that it was a registered firm and had been carrying on whole-sale and retail business of cotton goods, woolen goods, silk goods, and hosiery goods etc. in the town of Chittagong at its own pre......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)
.... 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. ......the CCI & E and shall produce bankers certificate regarding payment of price differential at the time of clearance of goods from customs." 26. This, it may be mentioned, was issued according to the amended provisions of paragraph 23(iii) of S.R.O. No.65(R) 66 dated January 26, 196...... Adamjee Jute Milts Ltd. Dacca.…….Respondent (In Civil Appeal No. 47-D of 1968) Judgment August 18, 1976. Result: All the appeals are allowed. Cases Referred to- Abdul Kader Vs. Sales Tax Officer, AIR 1964 (SC) 922; Nawit Lal Vs. K.K. Sen, AIR 1965 ......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
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....d down In the Code for summary trial of summons cases. (5) A Special Tribunal shall not adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interest of justice. (6) After an accused person has once appeared before it a Special Tribunal may try him...... appeal is a substantive right The learned Attorney-General, however, contends that forum of appeal being a matter of procedure, there cannot be any vested right of. Appeal to a particular forum. So, according to him, change of forum does not affect any vested right. The Appellate Tribunal consistin.......................Appellant Vs. The State...........................................Respondent Judgment July 29, 1976. Result: The appeal is allowed. Cases Referred to- Colonial Sugar Refining Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC);...... 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
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