Search Options
Judgment Advanced Search
Displaying 1761-1780 of 7133 results.
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. ......the Manager of the company. The Labour Court on consideration of evidence held that the termination of service of Nurul Absar was malafide, a case of victimization for his trade union activities arid accordingly made an award directing his reinstatement with back wages. Nurul Absar was found to be a......... ............Appellant. Vs. Bangladesh Tea Estate Staff Association................Respondent Judgment May 17, 1976. Result: The appeal is dismissed. Cases referred to- Aminul Islam Vs. James Finlay Co. Ltd., 26 D.L.R. (S.C.) 33; Khulna News Print Mills Vs. Kh...... 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. ......and cited a number of decisions in support of his contention that residence means de facto residence simpliciter. Authorities show that 'resident' may import both permanent and temporary residence according to the purpose and context of the particular enactment. However when alien enemy or enemy...... Gurudas Saha............Appellant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others............Respondents (In both the ap......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. ......hury. The Additional Deputy Commissioner, by an order of 28-9-67 appointed Mr. Zainul Abedin Chowdhury as the Arbitrator and Mr. Alimullah Chowdhury M.P.A. as the umpire to arbitrate the dispute according to the terms and conditions laid down therein and directed that the arbitrator should prep...... Q.G. Ahad...………………………………….Respondent Judgment January 20, 1976. Result: Cases Referred to- Jugal Kishore Vs. Goolbai, AIR 1955 (SC) 812; Union of India Vs. Rallia Ram, AIR 1963 (SC) ...... 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
.... nature quasi-judicial and not administrative. Since no such opportunity was given to the petitioner before the impugned order was made it is vitiated due to the violation of the principle of natural justice.
7. Before we part with the submissions made by the learned Advocate for the petitioner...... dated 21. 10. 70 on the terms and conditions as laid down in the memo mentioned above.
The Mutwalli of the Waqf Estate has already accepted the terms and conditions and furnished an undertaking accordingly as desired by government. A copy of the said undertaking is enclosed herewith.
He i......he government by which the lands in question; were withdrawn from acquisition under section 8B of the Emergency Requisition of Property Act, 1948. The petitioner who is the owner and proprietor of Stall No. 185 of the Chittagong Development Authority, New Market Hawker's Market, Jubile......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
......made without any lawful authority and is of no legal effect. The respondent No. 1 is however free to invite fresh applications and allot the space in question whom it may think fit.
The Rule is, accordingly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agre...... has been applying for the settlement of this space under the stair case. He received no reply from the respondent No.1. On 7.8.72 the petitioner again filed an application for allotment of the space to him. He also applied to the Chairman D. I. T. on 19. 12. 72 and a copy of his application has bee......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 ......d order dated 5.4.75 passed by the Special Tribunal directing the police to submit charge sheet against the petitioners has been made without lawful authority and is no legal effect. The Rule is accordingly made absolute. We, however make no order as to costs. 6. An application for additio...... Judgment Fazle Munim J. - In this petition under Article 102 of 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 s......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. ......t was proved, but the market price at Purnea was not available. The market price at Kanpur was available. Their Lordships of the Privy Council accepted the market rate at Kanpur and awarded damages according to the Kanpur rate to the plaintiff-appellant and reversed the findings of the courts bel...... Vs. M/s. A. R. A. G. Ltd……..............Respondent Judgment July 31, 1975. Result: The appeal is dismissed. Cases Referred to- Jamal Vs. Moola Dowood and sons, AIR 1915 P. C. 48: A. V. Joseph Vs. R. Skow Bux, AIR ...... 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
....e Secretary did not deny the petitioner the opportunity of being heard and cannot therefore be said that in passing such order which is of a quasi-judicial nature be violated the principle of natural justice. The objection as regards the non-filing of an appeal before the Divisional Commissioner can......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
......uzsaman—For Respondent Nos. 4 and 6.
Writ Petition No.20 of 1971.
Judgment
Fazle Munim J.— A rule was issued by this Court on 11th January 1971 calling upon the respondents to show cause why the order dated 2-8-69 passed by the Secretary, Revenue Department, setting aside ...... 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 ......er which had been held valid by the Presiding Officer; on the other hand, he declared 169 ballot papers of respondent No.2 valid which had been held invalid by the Presiding Officer, and as a result, according to his report, the petitioner's win was reduced to defeat. Determination of such a mat.............Petitioner Vs. Election Tribunal, Narayanganj and others…..........Respondents Judgment July 7, 1975. Result: The Rule is made absolute Cases Referred to- Stowe Vs. Jollife (1874), L.R.I.C. P-446 and "G.T. Mudaliar Vs. Sakuntala" AIR 19...... 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)
....though there is nothing in the Income-tax Act itself requiring the assessing authority to disclose to the assessee the material on which he proposed to act or to refer to it in the order, but natural justice demands that he should draw the assessee's attention to it before making the order provi......tax Act. The Income-tax Officer is where there is a regular method of accounting, to consider whether the income, profits and gains can be properly deduced, therefrom, and to proceed to estimate' according to his judgment. Section 13 relates to a method of accounting regularly emp......s. C.I.T. (1966) XIII Taxation, Page 32; Pakardas Dwarkdas Karachi Vs. C.LT., Karachi Sind and Beluchistan (1960) II Taxation (Supppl.) 156 P.L.D. 1957 Karachi 61; Income-tax, Bombay Vs. Sarangpur Cotton Manufacturing Co. Ltd. 1938 (P.C.) 6 I.T.S. 36; Mohd. Anwer Mohd. Iqbal Vs. Income-Tax Appellate......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)
....as been placed before me to support the proposition that where a party was free to move this Court under section 115, Civil Procedure Code should be deemed to have precluded himself from seeking justice under section 151, Civil Procedure Code. I am therefore of the opinion, having regard t...... 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 ...... 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 ......e conclusion of election in these sub-centers which were conducted peacefully, the Presiding Officer declared the petitioner elected Vice-Chairman of the Union Panshad. The result of the election was accordingly published in the Bangladesh Gazette as per rule 43 of the Union Parishad and Pourashava ...... 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 ......sif 1st Court, Chittagong. Sadar, dismissed the Misc. case, but the appeal to the District Judge against the decision of the Authority (Munsif) was allowed and the case was remanded back for disposal according to law; Then the opposite-parties filed a second appeal being Second Misc. Appeal No. 15 o...... and another , 1962 P.L.C. 1021. Lawyars Involved: Mozammal Huq—For Petitioner (In C.R. No. 1423 of 1970 and for opposite party (In C.R, No. 811 of 1968) Ranadhir Sen—Dy. Attorney-General—For Opposite-party Ro.1 (In C.R. No. 1423 of 1970) Mohammad Ali—For Oppos...... 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 ......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 ...... On receipt of information to that Government bound to restore the property. If on some sort of information the Government...... 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)
....tion in chief may be it must be read subject to all the qualifications however dishonest which witness introduces in cross-examination then this would lead to the paving of the way for miscarriage of justice on large scale.) This would encourage dishonest witness to damage a true prosecution case by......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ...........Appellant Vs. The State………………….Respondent Judgment May 2, 1975. Result: The appeal is dismissed. Evidence to Be Excluded Only that part of a witness's evidence to be excluded which is found fa......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
......the several partners will be liable severally and jointly as joint tort-feasors and if any negligence could be proved as against the firm, Defendant No. 2, who is one of the partners of the said firm according to the Advocate's submission, would be liable for the damages jointly as well as sever......ppellants
Vs.
Mofasiluddin Ahmed and others……………Respondents
Judgment
April 30, 1975
Result:
The appeal is allowed.
Cases Referred to-
Goverdhan Vs. Maruti A.I.R. 1915 Nagpur Page 4; Kosaraju Peda Subabyya and others Vs. Morar......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
....pplication submitted to him does not grant the applicant a favor. He is only granting the applicant his right in the sense that he has a right to have the matter determined in accordance with law and justice. It will be observed that even a fundamental right may, not be a "right" in the st......ls, namely; Eastern Hosiery Mills and Messrs. Gadit Industries, who formed themselves into Societies registered under the Cooperative Society Act, 1940. The impugned Order i.e. the Notification which according to the petitioners' claim, affected them is as follows:-
“Government of the......
Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both the cases)
Judgment
April 28, 1975.
Result:
Rules are discharged.
Cases Referred to-
Mian Fazal Din Vs. Lahore Improvement Trust, Lahore and another, (1969) 21 DLR S.C. 225 P.L...... 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 ......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 ...... Kunja Mohan Dev who was a monthly tenant gave up its possession in his favor. The said Kunja Mohan Dev is no other than the father of the respondent No. 2, Anil Chandra Dev, who filed an application to the S. D. O. (N) Chittagong, alleging that the petitioner forcibly turned him out of the shop on ......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)
....desh whose will is supreme duly constituted ourselves into a Constituent Assembly, and having held consultations and in order to ensure for the people of Bangladesh equality, human dignity and social justice, declare and constitute Bangladesh to be a Sovereign People's Republic of Bangladesh and......volution of treaty rights and obligation which were not capable of being succeeded to by a part of a country, which is severed from the parent state and established as an independent sovereign Power, according to the practice of the States We advised use the expression "practice of states"......Division (Civil Revisional Jurisdiction) Present: D.C. Bhattacharya J S. M. Mohsen Ali J Messrs. Haji Azam………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 23, 1975. R......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
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ......on, no exception can be taken to this part of the judgment and decree of the Dacca High Court. 11. It is no doubt true that ordinarily it is the plaintiff who prays for certain reliefs in a suit according to the procedure laid down by law and the said reliefs may be granted in favor of such a p......ellip;........Appellant Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 (S.C.) 941; Su......ned Attorney General has argued that in a suit brought by the plaintiffs there could not have been any decree in favor of a defendant who had not sought for nor could seek for such a decree under the law, and that the order of remand which was made by the Dacca High Court providing for such a decree..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
97296071649507951592359529525950695049483951394879511948495189485951095059514