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M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....Bux, AIR 1918 Privy Council 149; Erroll Mockay Vs. Mohorajodhiraj Kamoshwar Singh, AIR 1932 Privy Council 196: Sridhon Vs. Gordhandas, 26 Bombay 235 ; Hajee Ismail Sons Vs. Wilsons & Co. 41 Madras, 907 Ramdhandas R. Kisson Prim Vs. Kishori Girm, AIR 1954 Orissa 254; Pakistan Industrial D......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. ......at the defaulting party must pay the difference between contract price and the market price on the date of breach. 12. The second contention of Mr. Sharif is the second point of the leave order. He says, the High Court was not justified in taking the market price prevailing on 19. 8. 5......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
....ial Original Jurisdiction)
Present:
Fazle Munim J
S. Ahmed J
The College of Music ............................Petitioner
Vs.
Secy. Revenue Department, Govt. of Bangladesh
2. Deputy Commr, Dacca & 4 others..............Respondents
Judgment
July 30......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
......ondent 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 of requisiti......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)
....from, unless the Court in its discretion on good cause shown shall grant 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 point......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. ......e present application arose was disposed of by me on 2.4.75 and the present application has been filed on 10.7.75. The earlier application filed on 8.7.75 was rejected by me on 9.7.75 as being not in order and a fresh application, that is the present one was filed on 10.7.75. 2. Mr. Moinul Huq,......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)
....p;……......................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. Mu......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 ......tion of the People's Republic of Bangladesh.) Judgment Shahabuddin Ahmed J. — In this application under Article 102 of the Constitution the petitioner has challenged the order dated 31.8.74 of the Election Tribunal, Narayanganj (Respondent No. 1) accepting the report of......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)
....0) 2(III) Taxation 130; Pandit Brothers Vs. C.I. T" Delhi (1954) 26 I. T. R., 159; Commissioner of Income Tax Vs. McMillan & Co. (1958) 33 I.T.R. 182; S. N. Namasivayan Chettiar Vs. C.I.T., Madras Taxation (1960) 2-III 277; Barak Chand Radha Kishen Vs. C.I.T., (1962) VI Taxation. 239; Commi...... 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 ......e 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, Dacca Branch, Dacca, as...... 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 ..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....;……………...Opposite party Judgment July 1, 1975 Result: The Rule is discharged. Cases Referred to- Abdur Rahman Miji and ors. Vs. Abdul Wadud Mea and ors, 1952 PLR 2 Dac. 87; AIR 1959 Pat. 121 (Full Bench), Doma Chowdhury and ors. Vs. Ra...... 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 ......rs Involved: Md. Yahya- For the Petitioners. Abdul Hamid- For the Opposite party Civil Revision No. 1519 of 1967 Judgment S.M. Mohsen Ali J. - This rule arises out of an order passed by the learned Munsif, 2nd Court at Patiya in Miscellaneous Case No. 46 of 1967 started...... 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 ..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
....7
......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
......975.
Result:
The rule is made absolute.
Order of the Government Needed to Extend Initial Detention—
The absence of the initial detention beyond 6 months with extended by any order of the Government for further investigation coupled with the non-submission of the charge-shee......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
..
Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
......................... 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. Farmanullah Khan, Advocate......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 ......ate—For Respondent No. 2. Writ Petition No. 1353 of 1974. Judgment Fazle Munim J.— In this petition under Article 102 of the Constitution the validity of an order dated 21-9-74. passed by the Election Tribunal, Patiya, Chittagong has been challenged on two ......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 ..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....etitioner Vs. 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&......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 ...... No One—For Respondents. Petition No. 49 of 1975 Judgment Fazle Munim J. — In this petition under Article 102 of the Constitution the petitioner challenged the order dated 14-12-74 passed by the Election Tribunal, Kurigram Rangpur in Election Tribunal case No.......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)
....lt: The rule in Civil Revision No. 1423 of 1970 is discharged. The order of the learned District Judge with different reason is affirmed. The rule in Civil Revision No. 811 of 1968 is made absolute. Cases Referred To- Divisional Superintendent, N.W.R. Lahore Vs. Mohammad Sha......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 ......rd, P.E. Railway………………..Opposite party Judgment May 30, 1975. Result: The rule in Civil Revision No. 1423 of 1970 is discharged. The order of the learned District Judge with different reason is affirmed. The rule in Civil Revisi......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)
....p; Shahabuddin Ahmed J Abdur Rashid and another………………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent Judgment May 22, 1975 Result: The Rule i......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 ......al —For Respondent No. 1. Petition No. 691 of 1974 Judgment Fazle Munim J. — In this petition under Article 102 of the Constitution the legality of the Government order dated 14. 5. 74 regretting their inability to release M/S. M. Moin & Co. 150, Nawabpur Roa......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 ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....y to each other— Section 76 is a special provision regarding the statutory meeting and annual general meeting, whereas section 79 is the general provision. Where there had been a default in the holding of an annual general meeting primarily the power under section ...... and using is any manner the impugned notice dated 15.12.73 convening the annual general meeting of the company to be held on 31.12.73 at 11 a.m. till the disposal of the suit by the court and for ad-interim injunction. The court ordered issuance of notice upon the defendants to show cause within 7 ......he delay in holding the Annual General Meeting for the year 1972 with a prayer for directing the petitioner to hold the said Annual General Meeting within six weeks from the date of drawing up of the order. 2. It is stated in the petition that the company carries on business of plantation and m...... 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. ..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
.... Present: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents Judgment May 20, 1975. Banglade......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 ......sh;For the Petitioner Dr. Aleem-Al-Razee with A. T. Chowdhury. Advocate—For Respondent No. 5. Petition No. 316 of 1974. Judgment Fazle Munim J. — In this petition the order of the Election Commission dated 5.2.74 directing the respondent No. 3 to act according to the......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)
....stances on record and a court may accept that portion of the evidence which gets support from other reliable evidence on record. Case Referred To- 8 D.L.R. (F.C.) 69, Adalat Vs. The Crown; Badiuzzaman Vs. Abdul Majid Bepari, 9 D.L.R. 247 Lawyers Involved: Abdul Hamed Chowdhury wi......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ......h A. N. M. Shahidullah—For the Appellant. Md. Yahia—For the State. Criminal Appeal No. 531 of 1973. Judgment A.T.M. Masud J.— This appeal is directed against an order of conviction and sentence passed on 22. 8. 73 by Mr. M.A. Quasem, Special Magistrate, Pabna, ......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
....
Result:
The appeal is allowed.
Cases Referred to-
Goverdhan Vs. Maruti A.I.R. 1915 Nagpur Page 4; Kosaraju Peda Subabyya and others Vs. Moraranemi Veerayya and others A.I.R. 1935, Madrass 750; Seth Devendra Kumar Vs. Mrs. Nirmal Bai, A.I.R. 1944 Nagpur 292; Abdul Gafur Mia and oth...... 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
...... contradict the statements made by P.W. 3, P.W. 4 and P.W. 8. The suggestion of Mr. Paul that as the plaintiff was the Head of the Institution in which the said witnesses served, they prevaricated in order to oblige him did not carry any conviction with us. There is nothing on record to indicate tha...... 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
....isdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd...........Petitioner (In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Samity Ltd...Petitioner (In Writ Petition No. 22 of 1973.)
......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
......n of this Order which says that the Management Boards of the units mentioned in the notification were to "cease to exercise their functions so far as they relate to these units."
3. In order to understand the petitioners objections as regard the validity of this notification, it is ne......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
..
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)
....s 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 ...... the matter of: Am application under Article 102(2) (a) (ii) of the Constitution of the People's 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......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 ..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 23, 1975. Result: Both the Rules are made absolute. Cases Referred to- M/s. Yangteza Ltd. Vs. Barlars Brothers, 14 DLR (SC) 151;......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 ......in the midst of a bloody and atrocious war imposed by Pakistan upon the people of Bangladesh, and the newly constituted State befog in immediate need of the laws which will be required for running an orderly government in the territories over which they established their control, all those laws whic......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 ..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....eported in: 27 DLR (HCD) (1975) 534 ......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 ......ent. F. A. No. 235 of 1968 Judgment D.C. Bhattacharya J.— This appeal is directed against a judgment and decree passed by the second court of Subordinate Judge, Barisal after an order of remand made by the High Court of. East Pakistan and was at the instance of the Province of ......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 ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
.... This Case is also Reported in: 31 DLR (HCD) (1979) 275 ......ain when an application for stay of execution is filed. Order 41. rule 5(4) provides that Court may make an ex parte order for stay of execution pending the hearing of the application. This interim order operates against the respondent and passed in his absence affecting him prejudicially ......udgment-debtor. On that day the auction-purchaser appeared by avokalat-nama, and the decree-holder prayed for Further time for filing its objection. On 17.5.71 the Executing Court passed another order ex pane vacating |he stay order obtained earlier by the judgment-debtor on 31.8.70.: by the sa......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 ..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
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