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Pakistan River Steamers Ltd. Vs. Commissioner of Income-tax, Dacca Zone and another, 1977, 6 CLC (AD)

.... 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. ......d, Vs. Income-tax Officer, For Bandar, (1959) Supp. 2 C.R. 547; A.I.R. 1959, 881; Maharana Mills (P) Ltd., Vs. Income-tax Officer Por Ban­dar (1959) Supple 2 S.C. 547; A.I.R. 1959 (S.C) 881. Lawyers Involved: Latifur Rahman, instructed by A. Rab-II, Advocate-on-Record-For the Appellant......vocate-on-Record-For the Appellant. Mozammel Huq Bhuiyan, Advocate, instructed by S.S. Hoda, Advocate-on-Record-For the Respondents. Civil Appeal No.16 of 1973. (From the Judgment and Order dated 12.3.70 passed by the Dacca High Court in Writ Petition No.586 of 1967.) Judgment ..

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   ...... The rule is discharged. Cases Referred to- Shyamlal Vs. State of Uttar Pradesh and another A.J.R. 1954 S.C. 369.; Parshotam Lal Dhingra Vs. Union of India P.L.D. 1958 (S.C.) 217. Lawyers Involved: Syed Manzurul Ahsan-For the Petitioner. Sultan Hossain Khan, Deputy Att......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   ..

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.   ...... not be entitled to leave preparatory to retirement is bad in law and as such it cannot be sustained. The improved order minus the portion quoted above is found valid in law…….(13) Lawyers Involved: Syed Manzurul Ahsan—For the petitioner. Sultan Hossain Khan, Deput......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.   ..

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. ......ellip;………………………………Respondents Judgment February 3,1977. Result: The Rule is made absolute. Lawyers Involved: M. H. Khandker with M. B. Rahman–For the Petitioner. Mostafa Kamal......d (ii) of theConstitutionof the People's Republic of Bangladesh. Judgment Ruhul Islam 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 r..

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. ...... Cases Referred to- M/s. Khan Bros. (1975) 27 DLR 423; M/s. Helal Jute Press Ltd. (1975) 27 DLR 551; Govt. of Bangladesh vs. Messres A. T. J. Industries Ltd. and others,(1976) 28 DLR 120. Lawyers Involved: K. A. Bakr, Attorney-General with Abdul Wadud Bhuiyan, Assistant Attorney Gen......slam Chowdhury, Mujibur Rahman and Syed Mohammad in place of the aforesaid re­tried partners. On the 6th of January, 1972 a Notification purported to have been issued under Acting President's Order No.1 of 1972 was published whereby the Ministry of Com­munication temporarily constituted ..

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. ....................................Appellant Vs. Govt. of Bangladesh and another..................Respondents Judgment January 20, 1977. Result: The appeal is allowed. Lawyers Involved: Md. Fazlul Karim with S.S. Haldar and A.Y. Musiuzzaman, Advocates instructed ......ncy Act, 1950 (hereinafter referred as to "the Act") enabling them to retain possession of land in excess of the limit specified in section 20 (2) is hit by section 2 of the President's Order No.90 of 1972. The appellant which is a registered, partnership firm consisting of three partn..

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   ......;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 Advocate—For the Appellant. A.T.M Afzal, Dy......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   ...... is made absolute. Case Referred to- The State of Jammu and Kashmir Vs. Triloki Nath Khosa and others, AIR 1174 SC1; State of Assam and others Vs. Kanak Chandra Dutta, AIR 1967 SC 884. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam and Rokanuddin Mahmud, Advocates-For P......d the allegations of mala fide made by the petitioner. With regard to facts, it has been stated that the temporary post of Director, IPGMR is a non-practising post since its creation under Government Order No. Deve-1/P-20/69/284 dated 24-7-69 (Annexure I to the affi­davit). In view of the fact t..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5

Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)

....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......ellip;……………………………….Respondent Judgment December 6, 1976 Result: The appeal is dismissed. Lawyers Involved: A. Rab II. Advocate-on-Record-For the Appellant. K. A. Bakr, Attorney Ge......s Involved: A. Rab II. Advocate-on-Record-For the Appellant. K. A. Bakr, Attorney General, with A.W. Bhuiyan, Assistant Attorney General instructed by B.C. Pandey, Advocate-on-Record, under Order XLV of the Supreme Court Rule-For the Respondent. Criminal Appeal No.6 of 1976. (Fr..

Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147

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.     ........Plaintiff-Appellant Vs. Bata Shoe Company through its Provincial Controller, Defendant.......Respondent Judgment August 28, 1976. Result: This appeal is allowed. Lawyers Involved: Md. Nurul Huda—For the Appellant A.K.M. Siddique for Hafizullah&md......les Personnel Department, Bata Shoe Company dated 7.7.59 terminating 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 reinstatemen..

Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....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.   ......Amud Ali Munshi 7 D.L.R. 603; Kumar Pramath Nath Roy Vs. Nawabzada Syed Ali Mirza and others 2 D.L.R. 319; Province of Bengal Vs. Board of Trustees for Improvement of Calcutta AIR 1946 Cal. 416. Lawyers Involved: S. C. Das with Zahir Ahem—For the Appellant. Sultan Ahmed with Met......ross-objection has been filed by the defendant the defendant is free to challenge the finding of the learned Subordinate Judge on this score and the Court is competent enough to vary the decree under Order 41 rule 33 C.P.C., if it finds that the learned Subordinate Judge illegally allowed ..

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. ...... 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 (SC) 1375; Marriott Vs. Brune, (1850) 50 US 617; Lawder Vs. Stone, (1902) 187 U.S. 281; Shri Prithi Cotton Mills Ltd. Vs. Broach Borrough Municipalit...... raw materials then being imported and the cost of the raw materials previously imported. This amount was desig­nated as the price differential. The relevant Public Notices and Import Policy Orders under which they were issued will shortly be set out. 5. Mention may be made that the co..

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. ......50 CWN 502; Garikapati, PLD (1962)448; Muzaffar Ahmad, (1964) 16 DLR 336; Gazi, PLD (1962) Lah. 662; Khushiram Halidas, PLD (1969)Kar. 875; Dammal All AIR (1936) P.3: Indira, AIR (1956) (SC) 77. Lawyers Involved: Md. Abdur Rouf with Khademul Islam Chowdhury and Md. Luthfar Rahman Mazumdar&......sion of the Supreme Court and the only appeal from the Supreme Court under that Act lay to the High Court of Australia. The Supreme Court of Queensland having granted leave to the appellant under the Order in Council of 1860 the appellant filed the appeal in the Privy Council. An application was mad..

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. ......ws Print Mills Vs. Khulna News Print Employees Union, 25 D.L.R. (S.C.) 85; Pakistan Tobacco Company Ltd. Vs. Pakistan Tobacco Company Employees Union Dacca 13 DLR (S.C.) 280 PLD 1961 (S.C.) 403. Lawyers Involved: T. Islam, Advocate, instructed by Zinnur Ahmed, Advocate-on-Record—For ...... He was subsequently promoted to Grade II, Garden clerk on 3-7-67. The appellant by a letter terminated the service of Nurul Absar under section 19 of the East Pakistan Employment of Labour (Standing Orders) Act, 1965 hereinafter called the "Standing Orders Act" offering him his legal dues..

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. ......roperty, 1952 (2) B. 183; Amiya Kumar Tarafder Vs. Province of East Pakistan, 25 D.L.R. 304; Sevrracht Vs. Van Udens Scheepvart Agentuur Mastschappij (N. V. Gebr), 1943 Appeal Cases 203. Lawyers Involved: Khandkar Mahbubuddin Ahmad, Advocate instructed by A. Rab II, Advocate-......wdhury, Advocate, ins­tructed by A.W. Mallik, Advocate-on-Record—For the Respondents (In both the appeals). Civil Appeals No. 61-D & 62-D of 1970. (From the Judgment and Order dated 22-4-68 parsed by the Dacca High Court in Petitions No. 295 and 296 of 1966). ..

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. ...... Smoke Ball Company, 1893 1 Q. B. 256; Brogden Vs. Metro­politan Railway Company, 1877 (2) Appeal Cases 666; Muhd. Sagir Bhatti & Sons Vs. Federation of Pakistan, (1968) 10 DLR (SC) 169. Lawyers Involved: M. H. Khandker, Senior Advocate, with B.B. Roy Chowdhury and B.K. Das, Advoca......er Mahbubuddin Ahmed, Advocate, with Md. Shafiqur Rahman, Advocate, instructed by A. Rab-II, Advocate-on-Record—For the Respondent. Civil Appeal No.74 of 1977. (From the Judgment and Order dated 6-5-1976 passed by the High Court Division in F.M.A. No.46 of 1969) Judgment K..

Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352

Karnaphuli Rayon and Chemical Ltd. Vs. Collector of Central Excise & Land Customs, East Zone, Chitttagong & another, 1975, 4 CLC (AD)

.... constitution. In the result, there being no substance in the appeal it is dismissed without any order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 72. ......amp; Land Customs, East Zone, Chitttagong & another……..........................Respondents. Judgment November 20, 1975. Result: The appeal is dismissed. Lawyers Involved: Muhammad Habibur Rahman, with A. K. Khan, Advocates, instructed by A. Backkar......the Appellant. Mahmudul Islam, Assistant Attorney-General, instructed by A. W. Mallik, Advocate-on-Record —For the Respondents. Civil Appeal No. 64-D of 1970. (From the Judgment and Order dated 6. 6. 68 passed by the Dacca High Court in Petition No. 76 of 1968). Judgment ..

Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149

Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 1975, 4 CLC (HCD)

.... 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 ......inistration and Land Reforms, Govt. of Bangladesh…………...............Respondents Judgment September 2, 1975. Result: The Rule is made absolute Lawyers involved: M. H. Khandaker with Abdul Aziz, Advocates—For the Petitioner. Ser...... 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 ..

Category: Property Law | Date: 2 Sep, 1975 | Hits: 3

Md. Shahabuddin Vs. Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Buildings, Dacca, 1975, 4 CLC (HCD)

....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       ......he Chairman, D.I.T., D.I.T. Buildings, Dacca and 2 others……………Respondents  Judgment August 28, 1975 Result: The Rule is made absolute. Lawyers Involved: Ahmed Sobhan with Md. Fazlul Karim and Tamijul Huq, Advoc......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       ..

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   .............Appellants Vs. The Special Tribunal No.1………...................Respondent  Judgment August 14, 1975 Result: The application is rejected. Lawyers Involved: Abdul Hye Choudhury with Shah Mohammad Sharif and Mohamma......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   ..

Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1