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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.  ...... Vs. Wilsons & Co. 41 Madras, 907 Ramdhandas R. Kisson Prim Vs. Kishori Girm, AIR 1954 Orissa 254; Pakistan Indus­trial Development Corporation Vs. Aziz Quroshi, PLD 1965 Karachi 202. Lawyers Involved: H, Rahman Sharif, Advocate, Supreme Court, instructed by S. M. Huq, Advo......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.  ..

Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240

The College of Music Vs. Secy. Revenue Depart¬ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others, 1975, 4 CLC (HCD)

....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   ...... Secy. Revenue Depart­ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others..............Respondents Judgment July 30, 1975. Result: The rule is discharged Lawyers Involved: Mirza Golam Hafiz, with Md. Abdul Aziz—For the Petitioner. M.M. Ha......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.   ......ion is rejected. An application for leave should not be entertained when the appeal is time barred. Case Referred To- Md. Sharif Khan Vs. Akhtar Hossain Khan, 5 D.L.R. at page 549 Lawyers Involved: Moinul Huq, with A. Baset Majumder—For the Appellant-Petitioner ......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.   ..

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    ......e Vs. Jollife (1874), L.R.I.C. P-446 and "G.T. Mudaliar Vs. Sakuntala" AIR 1949 Mad. 835; Sirajuddin Ahmed Vs. Upendra Lala", 22 DLR (Dacca) 827; Ram Kr. Vs. Ratan, 35 C.W.N. 841. Lawyers Involved: Mouinul Haque with A. Gafur – For the Petitioner. Khandaker Mahbub......r that Code. Mr. Khandaker M. Ahmed has contended that as the Civil Procedure Code is applicable to the trial of an election petition, so the provision for appointment of a Pleader Commissioner under Order, 26 of that Code shall necessarily apply in an election case. It appears that the pr..

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   ......957 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 Tribunal, Karachi (1967) 15 Taxation 182. Lawyers Involved: Abdul Hamid Chowdhury and Khondker Fazlul Quadir—For applicant. A......mdash;For applicant. Abdul Wadud Chowdhury—For the Res­pondent. Application No. 39 of 1973 (An application under section 66(1) of the Incomr Tax Act as amended by the Finance Order, 1972. And In the of: Application No. 39 of 1973 ) Judgment Ruhul Islam J. — B..

Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2

Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)

.... 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   ......ibash Mukhupaddya and ors. Vs. Elahi Haider and ors.; 1969 D.LC 590 Nur Md. Babar Ali & ors. Vs. Shah Md. Ali and ors; Civil Order No. 14 of 1966, Lutfar Rahman Vs. Montashemuddin & ors. Lawyers Involved: Md. Yahya- For the Petitioners. Abdul Hamid- For the Opposite party......a 1, Muhammad Hashim Khan Vs. Major Fazal Elahi Khan; 10 DLR 521, Sreenibash Mukhupaddya and ors. Vs. Elahi Haider and ors.; 1969 D.LC 590 Nur Md. Babar Ali & ors. Vs. Shah Md. Ali and ors; Civil Order No. 14 of 1966, Lutfar Rahman Vs. Montashemuddin & ors. Lawyers Involved: Md.&nb..

Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1

Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus¬tody) Vs. The State, represen¬ted by Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Eden Bu¬ildings, Dacca, 1975, 4 CLC (HCD)

....i be set at liberty at once. In the result, the rule is made absolute. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 517   ......th­out lawful authority and he is being held in custody without lawful authority and in an unlawful manner……………………… (4 & 5) Lawyers Involved: Abu Saleque, Advocate—For the Petitioner. M.M. Hague with B.B.&nb...... 3. Superintendent Chi­ttagong Jail………………....For the Petitioner Judgment June 26, 1975. Result: The rule is made absolute. Order of the Government Needed to Extend Initial Detention— The absence of the initial de..

Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2

Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)

....ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577      ......J Afazullah Manjhee....................... Petitioner Vs. Election Tribunal, Patiya ........Respondents Judgment June 13, 1975. Result: The Rule disposed of. Lawyers Involved: Ahamad Sobhan with Md. Fazlul Karim, Advocates—For the petitioner. ......irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as 'the Order' inasmuch as he found that the petitioner..

Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3

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       ...... 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tri­bunal, Kurigram....the Respondents Judgment June 3, 1975. Result: The rule is made absolute. Lawyers Involved: Shah Azizur Rahman—For the Petitioner. No One—For Responden......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       ..

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         ......k, N.W.R. Gujarat, 15 DLR (SC) 261; Anant Ram and others Vs. District Magistrate, Jodhpur and another, AIR 1956 Rajasthan 145; Ganeshi Ram Vs. District Magistrate and another , 1962 P.L.C. 1021. Lawyars Involved: Mozammal Huq—For Petitioner (In C.R. No. 1423 of 1970 and for opposite ......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         ..

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       ......es in question could not be treated as abandoned property within the meaning of Article 2 of the President's Order No. 16 of 1972 due to the circumstances men­tioned above…....(3) Lawyers Involved: T. H. Khan with A. H. Md. Nurul Huda Khandaker, Advocates—For the Petit......se the same as soon as satisfactory evidence was produced before them that the properties in question could not be treated as abandoned property within the meaning of Article 2 of the President's Order No. 16 of 1972 due to the circumstances men­tioned above…....(3) Lawyers Invol..

Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7

Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)

.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490.       ....... 640. Bal Krishna Maheswari Vs. Uma Shanker Mehrotra AIR. 1947 All. 367; Ahmed Hossain Vs. Sayedur Rahman 18 DLR Dacca 506 and PLD 1968 Dacca 610, Satish Chandra Banik Vs. Dacca Jute Mills Ltd. Lawyers Involved: Rafiqul Huq, with E.H. Khan A.T. Islam— For the Petitioner. Mostaf......the plaintiff object for Mr. Mahmudur Rahman on 21.12.73 against the company and other and 21.1.74 was fixed for appearance. On the same date, namely, 21. 12. 73, the plaintiff filed a petition under Order 39 rule 1 of the Code of Civil Procedure for injunction restraining the defendant No..

Category: Corporate Law | Date: 20 May, 1975 | Hits: 2

Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)

....cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662       ......ellip;(4) Result: The Rule is made absolute. Case Referred To- Md. Amjad Hossain Howlader Vs. The Chief Election Commission, Dacca and others in Writ Petition No. 185 of 1974 Lawyers Involved: A. T. M. Kamrul Islam, Advocate—For the Petitioner Dr. Aleem-Al-Ra......cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662       ..

Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1

Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)

....ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671         ....... Result: The appeal is dismissed. Evi­dence to Be Excluded Only that part of a witness's evi­dence to be excluded which is found false and not his whole evidence Law does not require that the entire evidence of such an witness should be rejected. Evidence of suc......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671         ..

Category: Arms Law | Date: 2 May, 1975 | Hits: 2

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

.... 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         ......62)1Q.B.373;ManindraNath Mukherjee Vs. Mathuradas Chatterjee A.I.R. 1946 Cal. 175; Flint Vs. Lovell, (1935) 1 K. B. 354; Own Vs. Sykes (1936) 1 K. B. 192; Rose Vs. Ford, (1937) 3 All. E. R. 359. Lawyers Involved: S.R. Paul and Abu Backar-For the Appellants Abdul Hamid, B.K. ...... 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         ..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5

Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd Vs. Govt. of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....e interpretation of the Constitution. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 674         ......ril 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.D. 1969 (S.C.) 223. Lawyers Involved: Mirza Golam Hafiz, with A.T. Chowdhury, Khademul Islam Chowdhuryr—For P......y of workers of the respective mills, 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 follo..

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   ......Referred To- Farquharson Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 558; Lord Denman in Bodenham Vs. Rickets; Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 Lawyers involved: M. H. Khandker-For the Petitioner. S. R. Pal with S. C. Das—For th......Republic of Bangladesh. Judgment Fazle Munim J. — This Rule is directed against an order of Award dated 31. 8. 73 passed by the Court of Tribunal constituted under the President's Order No. 13 of 1972. 2. The facts, shortly stated, are that the petitioner who is owner in pos..

Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2

Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)

....on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583   ...... April 23, 1975. Result: Both the Rules are made absolute. Cases Referred to- M/s. Yangteza Ltd. Vs. Barlars Brothers, 14 DLR (SC) 151; Ram Babu Vs. State, DLR (1950) SC 155. Lawyers Involved: Moinul Hossain, Mozammel Hoque Khan —For Petitioner (In both the Rules)......arned Advocate appearing on behalf of Opposite party No. 1, has on the other hand, contended that the Act with all its provisions has continued in force in Bangladesh and by virtue of President's Order No.48 of 1972, it has been adapted with necessary consequential changes. The learned Advocate ..

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   ......54 I.A. 156, 31 C.W.N. 717; Rahimuddin Matabbar Vs. Naimuddin Howladar 31 C.W.N. 751; A.I.R. 1927 Cal. 565; Surendra Lal Depal Vs. Satya Tamas Ghosal, 12 D.L.R. 214; P.L.D. 1960 S.C. (Pak.) 179. Lawyers Involved: Fakir Shahabuddin, Attorney-General Ismailuddin Sarkar, Asstt. Attorney Gener......st the Thika tenant under section 128 of the Thika Tenancy Act. Thereafter the landlord moved the High Court against the said order of the learned Munsif, challenging the correctness of the Order of the learned Munsif. The High Court took the view that in view of the order of remand passed..

Category: Property Law | Date: 17 Apr, 1975 | Hits: 2

Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)

....the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275     ......B.D. 267 Per Lord Coleridge C.J. In Barlow Vs. Teal (1885) 5 Q B.D. 403 Messers S.A. Haroon Vs. Collector of Customs (1959) 11 D.L.R. (S.C.) 200; Noakes Vs. Doncaster Amalgamated Collieries Ltd. Lawyers Involved: Moinul Huq-For the Petitioner  Mian Abdul Gafur, Asrarul Hossa...... K. Hossain J.-  This Revisional case has been referred to the Special Bench at the a instance of a Division Bench, by the learned Chief Justice as interpretation of Article 3 of President's Order No. 1,2 of 1972 is involved, and which is a question of general importance. 2. Facts conc..

Category: Property Law | Date: 11 Apr, 1975 | Hits: 4